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{
    "id": 1299217,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1299217/?format=api",
    "text_counter": 38,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Another matter that clearly demonstrated that the decisions of Parliament are subject to review by the courts was the matter of James Opiyo Wandayi – vs - Kenya National Assembly and two others, i.e. Judicial Review Application No. 258 of 2016. In this matter, on 31st March 2016, the Speaker of the National Assembly ordered hon. Opiyo Wandayi to withdraw from the Chambers pursuant to Standing Order No.107 of the National Assembly Standing Orders for gross disorderly conduct while attending a joint sitting of Parliament during the State of the Nation Address by the then Head of State. The hon. Member refused to comply with the Speaker’s order. The Speaker consequently invoked Standing Order No.111 of the National Assembly Standing Orders and ordered that the Hon. Member be removed from the Chamber by force. The National Assembly’s then Standing Order No.111 provided that hon. Members once removed from the Chamber by force would thereupon, without question put, be suspended from the service of the House for the remainder of the Session. The sitting in question being in March 2016, meant that the hon. Member would have been suspended up to February 2017. Just like Sen. Orwoba, hon. Wandayi subsequently filed a judicial review application in the High Court challenging his suspension from the service of the House for the remainder of the Session. He obtained orders staying his suspension from the service of the House pending the hearing and determination of the judicial review application. Upon service of the said court order, the Speaker of the National Assembly complied with the same and allowed hon. Wandayi to access the National Assembly, pending the hearing and determination of the judicial review application. This is exactly the same position the Senate finds itself in today. Sen. Orwoba, having been suspended pursuant to the resolution of the Senate, moved to court by way of a judicial review and obtained conservatory orders against that suspension. The upshot of these court decisions and rulings made by my predecessors is that the courts have constitutional power to review, vary or set aside decisions of Parliament if such decisions are found to have violated the Constitution or any other written law. Hon. Senators, having considered this matter after taking into account previous rulings of Speakers of Parliament and court decisions, it is my ruling that whereas the Senate is dissatisfied with the conservatory order obtained by Sen. Orwoba, the Senate shall comply with the said order, while reserving its right to vigorously defend its position in court to demonstrate that it accorded the hon. Senator due process and that it did not breach the Constitution, or any other law, in arriving at its decision to suspend the hon. Senator. I so rule. I thank you. Next Order."
}