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"id": 1483581,
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"speaker_name": "Mr. Charles Njenga",
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"content": "Thank you, Mr. Speaker, Sir, and hon. Members. I will go straight to the objections because of time. In addition to the argument made by my learned friend, I invite the Hon. august House to consider the import and purport of Rule 2 of the Third Schedule of the Standing Orders, which grants express jurisdiction to the Senate on two things: (a) to investigate the matter; and, (b) to make determination on the particulars of the allegations. It is our submission that the power to make the determination, even on issues of law, remains always with the Senate and it cannot be derogated by the application or by the interpretation of Rule 30. Rule 30 is clear. It is only on admission, competence and any other issue regarding evidence, but not the competence of the entire Motion. I proceed to respond to the question of the court orders that I have been referred to by the Counsel. In making this response, I refer entirely to Vol. Eight, which is the replying affidavit of the County Assembly. I will add three quick points on that because of time, so that I can allow my colleague to refer to the last limb of the preliminary objection. First, we refer you to paragraphs eight to 13 of that replying affidavit that speaks to the validity of the orders. The County Assembly’s position is that those orders are invalid and cannot be validated in the manner that is provided for by the Judiciary. They cannot be validated from the Judiciary CTS portal. Once you interrogate them against the practise directions of the High Court and all courts that we have already supplied a copy of, then you will find that there is no means to verify as a House whether those orders indeed, were issued from the court. You will find the particulars at paragraph 13. We have annexed a copy of the said orders. 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 and AudioServices, Senate."
}