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"speaker_name": "Sen. Osotsi",
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"legal_name": "Osotsi Godfrey Otieno",
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"content": "Mr. Speaker, Sir, I agree with the position taken by colleagues who have spoken before me. In this country, we have three Arms of Government. We have the Judiciary, the Legislature, and the Executive. The doctrine of separation of powers is a very important in this country. The three Arms of Government operate independently but, in the process, collaborate. We are setting a bad precedent, as Parliament, by accepting to be directed by the courts on how to conduct our business in this Chamber. Soon, our committee reports, removing or de-whipping a Member from a committee will be injuncted. Basically, we are going to be rendered powerless. Sen. (Dr.) Khalwale has raised the issue of whom the orders were given. I remember in the 11th Parliament Hon. Opiyo Wandayi was suspended from the House. The orders were very specific to the Speaker who had made the decision. It was not to the House but to the Speaker. That is why the orders were effected. However, in this particular case, a decision has been made by the entire House and a report has been passed and adopted by the House. Then, some judge somewhere decides to injunct this House. Mr. Speaker, Sir, it is important for a proper direction to be given. In any case, the tradition is that such a decision has to pass through the Senate Business Committee (SBC) to make a decision and communicate to the House. We are setting ourselves on the wrong path. In this country, it is easy to move to a judge somewhere and get orders. Why would the orders not be gotten here in Nairobi instead of being canvassed in Machakos? It is important that the integrity, the power, and the supremacy of Parliament is protected from the Judiciary."
}