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{
    "id": 1354967,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1354967/?format=api",
    "text_counter": 101,
    "type": "speech",
    "speaker_name": "Hon. Deputy Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, having listened to the various Members, one of the two matters in contention is the interpretation of Standing Order 89, which states that no matter shall be discussed if it is sub-judice. A matter is not sub-judice simply because it has been filed. A matter is sub-judice when you discuss its merits and demerits while it is before a court. That is not what is happening in the House. The House is charged with the responsibility set out in Article 240(8) of our Constitution which states: “(8) The Council may, with the approval of Parliament— (a) deploy national forces outside Kenya for— (i) regional or international peace support operations; or (ii) other support operations; and (b) approve the deployment of foreign forces in Kenya.” The National Assembly is not being asked to deploy forces. It is just being asked to approve the deployment of forces. The matter raised by the Leader of the Minority Party is premature in any case. Parliament has not yet approved the deployment. The matter has just been tabled, or will be tabled, before Parliament for approval. Even then, the Speaker has not been served with a court order. In order to authenticate a service, the order has to be directed to the Speaker and the National Assembly. That service must be done. It must be authenticated, signed, and the name of the process server indicated. A Member of this House cannot act as a process server while the House is in plenary. If the court order quoted by the Leader of the Minority Party is to be believed, it states that, “…whatever authority has been restrained from deploying the police to Haiti.” The National Assembly has no power to deploy any forces. What the National Assembly has to do is to approve the request for deployment by the National Security Council. In consideration of all that I have said, I will exercise the powers of the Speaker under Standing Order 89(5) which states: “Notwithstanding this Standing Order, the Speaker may allow reference to any matter before the House or a Committee.” Therefore, we shall proceed. Member for Narok West, Hon. Gabriel Tongoyo."
}