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"content": "Order, hon. Members! In respect to the Question by the hon. Member for Mutito, I have a ruling to make which the Speaker had promised he would give today. You will 2922 recall that on Tuesday, 14th October, 2008, the hon. Member for Mutito, Mr. K. Kilonzo, rose on a point of order to seek a Ministerial Statement from the Minister for Co-operative Development and Marketing on the status of the shareholding of Kenyan farmers in the third mobile company, Econet Wireless Kenya Limited, which is said to be about to roll-out mobile telephone services in the country. The hon. Minister promised to issue the Statement on Thursday, 16th October, 2008. On Thursday, 16th October, 2008, the Member for Mutito, Mr. K. Kilonzo, sought to ask the Minister for Information and Communications a Question by Private Notice. The Question asked the Minister to confirm that Econet Wireless Limited plans to roll out mobile telephone services in the country without the involvement of the Kenya National Federation of Co-operatives despite the latter having been part of the consortium that was awarded the licence. On the same Thursday, the hon. Assistant Minister for Information and Communications, Mr. George Khaniri, sought the Chair's direction and ruling on whether he should answer the Question by Mr. K. Kilonzo as he considered that the matter was sub judice under Standing Order No.74. The Assistant Minister tabled in the House the plaint in High Court, Milimani Commercial Courts Civil Suit No.560 of 2006, Kenya National Federation of Co-operatives Limited versus Econet Wireless Kenya Limited and three others. The Minister for Co-operative Development and Marketing also sought to know if he may proceed to issue the Ministerial Statement on Econet Wireless Kenya Limited and the Kenya National Federation of Co-operatives. The Chair promised to read the tabled plaint together with the Question and the Ministerial Statement sought and give a ruling on whether the matters are sub judice on Wednesday the 22nd October, 2008. Hon. Members, I have now carefully read the 15-page plaint and verified affidavit in High Court, Milimani Commercial Courts Civil Suit No.560 of 2006, Kenya National Federation of Co- operatives Limited versus Econet Wireless Kenya Limited and three others. The sub judice rule is a long established parliamentary rule. It is one that safeguards the cardinal principle of separation of powers between the Legislature and the Judiciary. Both Parliament and the Judiciary are careful not to act so as to cause conflict between them. It seeks to avoid prejudicing a case that is pending for determination before a court of law. This protects the rights of all parties to the dispute. The sub judice rule prescribes that Parliament shall not discuss a matter that is the subject of a case pending before the courts. Standing Order No.37 paragraph 10 states as follows:- \"Reference shall not be made in a Question to any particular matter which is subjudice .\" Standing Order No.74 states as follows:- \"No Member shall refer to any particular matter which is sub judice or to any matter which is in its nature secret.\" It is noteworthy that at Westminster, successive Speakers have exercised their discretion to allow matters to be discussed although they might fall within the strict terms of the sub judice rule where they have considered that no substantial risk of prejudicing court proceedings will arise. In the present case, it is clear to me that the matters raised in both the point of order and Question by Private Notice by the hon. Member for Mutito, Mr. K. Kilonzo, are substantially the same matters as are raised in the aforesaid suit in High Court, Milimani Commercial Courts Civil Suit No.560 of 2006. It appears to me that the questions raised by the hon. Member cannot be answered without commenting on the merits of what the court has been asked to adjudicate. The questions by the hon. Member concern some of the very matters which the court has before it for determination. I, therefore, rule that both the point of order and Question by Private Notice by the Member for Mutito, Mr. K. Kilonzo, raise matters that are sub judice . The same are out of order, and the Ministers for Co-operative Development and Marketing and Information and Communications October 22, 2008 PARLIAMENTARY DEBATES 2923 shall not respond to them. Nevertheless, the matters raised by the hon. Member are important and it is the expectation of this House that the courts seized of these matters shall, in the public interest, expedite their disposal. Thank you."
}