Entry Instance

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{
    "id": 139248,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/139248/?format=api",
    "text_counter": 282,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "In this instance, the public interest in tabling of the report of the taskforce is overwhelming. The sub judice rule was not crafted to fetter the ability of the House to pronounce itself on matters of national importance. To interpret the sub judice rule in this matter will reduce this House to a bystander, watching helplessly and unable to intervene as the rights of Kenyans are imperiled. I, therefore, find that this is an instance deserving of the exercise of the discretion provided for under Standing Order No.80 (5). The second aspect of the sub judice rule that is of particular relevance is to be found in paragraph 2. By this Standing Order, a matter is to be considered to be sub judice if it is likely to prejudice the fair determination of the matter by a court. In this instance, I find that the tabling of the report by the taskforce will neither fetter the rights of those referred to in the report nor prejudice the determination by the court. Persons mentioned in the report will continue to enjoy the right to seek the expunging of their names or even to seek for orders barring the implementation of the recommendations made by the"
}