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"id": 128117,
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"type": "speech",
"speaker_name": "Mr. Wako",
"speaker_title": "The Attorney-General",
"speaker": {
"id": 208,
"legal_name": "Sylvester Wakoli Bifwoli",
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"content": " Mr. Speaker, Sir, I am party to this case, which has been filed before the court and is active before the court. The type of evidence envisaged in these Standing Orders, evidence can be both oral or written. If you read the Evidence Act, in fact, most of the evidence is normally oral and then supported by documents where necessary. Therefore, to the extent that the Minister for Justice, National Cohesion and Constitutional Affairs, informed this House that the case came up for hearing today in court and that it is coming up for hearing on 15th, to me, that shows that the matter is active. I am also aware that another case has been filed this afternoon, again on the same matter. Therefore, there is no doubt that there is a case in court touching on matters which is a subject matter of what has been discussed in this House. Mr. Speaker, Sir, it is not true, as somebody tried to say, that those who went to court must have been instructed to do so. Those who have gone to court have done so to assert what is the common view, as the Ms. Karua has stated, that people are already aware that the opinion of this House is to assert what Mr. Mungatana has said that there is no need for debate and we shall just pass it. This is the case and yet there has to be some debate, because this House has to uphold democracy. We must discuss these issues and there should never be any presumption that anything that comes here there will be no need for discussion because we have already decided and we shall enact it. I also want to concede that it is not in every case which is sub judice that will stop this House from proceeding to debate a matter of national importance. It is not automatic. The issue is complex and it requires a balance of the roles played by the various organs of Government, which should not be seen to be interfering with each other, but working harmoniously to ensure that this country is truly a country which is based on constitutionalism. It is a very delicate balancing act that has to be done. That is"
}