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{
    "id": 176274,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/176274/?format=api",
    "text_counter": 292,
    "type": "speech",
    "speaker_name": "Mr. Wamalwa",
    "speaker_title": "",
    "speaker": {
        "id": 148,
        "legal_name": "Eugene Ludovic Wamalwa",
        "slug": "eugene-wamalwa"
    },
    "content": "Mr. Chairman, Sir, I beg to move:- THAT, Standing Order No.1 be amended by inserting the words \"and the decision shall be final\" immediately after the word \"Speaker\" appearing in the third line. Mr. Chairman, Sir, the intention of the this proposed amendment is to avoid conflict between decisions that are likely to be made. Standing Order 1(b) states that reference to Mr. Speaker shall be deemed to include reference to the Deputy Speaker when presiding over the House and any Member of the House for the time being so presiding. Mr. Chairman, Sir, there is a possibility, and we have seen it in this House before, that a decision could be made by one other than the substantive Speaker. Perhaps, a Member might seek, in a while-you-are-away-note, the substantive Speaker to make a decision on a decision that has already been made. How do we deal with a situation like this one where there are conflicting decisions or rulings of the Chair? There was a time when there was a near procedural meltdown in this House. That time, it seemed that the Speaker was overruling an earlier ruling. In order to avoid this in future--- In the Judiciary, where the Judicature Act is very clear, for instance, Chapter 8, Section 8 provides for jurisdiction for the subordinate court, the High Court and the Appellate Court whose decision takes precedence over whom--- It also states the appellate procedure to follow in the case of a litigant being aggrieved by a decision of one court, either the magistrate or the High Court judge. An appeal is made to the High Court. To avoid this, because it might have the element of, perhaps, eroding the dignity of the House if it would seem that there will be cases where a Temporary Deputy Speaker makes a ruling and the Speaker overrules it. Mr. Chairman, Sir, the intention of that small amendment is to say that whoever is in the 3962 PARLIAMENTARY DEBATES December 9, 2008 Chair is the Speaker, and the decision he or she makes while in the Chair cannot be overruled or is not subject to appeal to one of higher jurisdiction. That is my proposal."
}