Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1299209,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1299209/?format=api",
    "text_counter": 30,
    "type": "speech",
    "speaker_name": "Hon. Kingi",
    "speaker_title": "The Speaker",
    "speaker": null,
    "content": "(a) THAT due process was followed while undertaking the inquiry into the misconduct of Sen. Gloria Orwoba by the Senate Committee on Powers and Privileges and that the Senate did not breach any provisions of the Constitution or any other law in adopting the Report, and (b) THAT the actions by Sen. Gloria Orwoba of filing multiple cases against the respondents on the same subject matter in Nairobi High Court Constitutional Petition No. E283 of 2023 (Gloria Orwoba – vs - AG, Clerk of the Senate and 3 others) and also another suit in Machakos High Court, Judicial Review Application No. E283 of 2023 (Gloria Orwoba- vs - AG, Clerk of the Senate and 3 others) is an abuse of the court process. I wish to inform hon. Senators that the Senate and other respondents have already made an application seeking to vacate these conservatory orders. The same is coming up for hearing on 23rd October, 2023. Hon. Senators, that being the case, I will now address myself to the issues raised in the point of order by Sen. Oketch Gicheru and supported by a number of Senators. The issues up for consideration are: (a) Whether, under the doctrine of separation of powers, the court can interfere by way of injunction with an ongoing process that is being undertaken by the Senate. (b) Whether, under the doctrine of separation of powers, the court has the power to review, vary or set aside a decision on a matter that has been determined conclusively by the Senate. (c) Whether the Senate is obligated to comply with the conservatory orders issued by the court staying the decision of the Senate to suspend Sen. Gloria Orwoba. Hon. Senators, the issue as to whether the court can interfere by way of an injunction with an ongoing Senate process that is being undertaken by the Senate is not new. The same has arisen before in this Parliament and previous Speakers of both Houses and even the courts have pronounced themselves on the same. On 17th October, 2019, rising on a point of order, Sen. Mwaruma, MP and Sen. M. Kajwang’, MP, sought the Speaker’s intervention to stop further proceedings of the Senate in the matter of the removal from office, by way of impeachment, of Hon. Granton Samboja, the then Governor of Taita-Taveta County, alleging that the matter was active in court. On 23rd October, 2019, after the Senate was served with the court order barring the Senate from considering the resolution of the County Assembly of Taita-Taveta, to remove from office Governor Granton Samboja, then Governor of Taita-Taveta County, Hon. Sen. (Prof.) Kithure Kindiki, sitting as Speaker ruled that the courts cannot injunct or curtail Parliament from carrying out its constitutional responsibility. He noted that and I quote: “There are at least three jurisprudential reasons why injunction of Parliament by courts is not constitutionally and legally tenable. First, courts injuncting Parliament is a frontal and deadly attack on the substratum of the hallowed legal doctrine of separation of powers, the bedrock upon which our constitutional order is raised. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard Services,Senate."
}