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{
    "id": 207092,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/207092/?format=api",
    "text_counter": 237,
    "type": "speech",
    "speaker_name": "Mr. Kajwang",
    "speaker_title": "",
    "speaker": {
        "id": 164,
        "legal_name": "Gerald Otieno Kajwang",
        "slug": "otieno-kajwang"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, I want to confine myself to the provisions that seek to amend the Anti-Corruption and Economic Crimes Act. I will then say something about hate speech. May I start with the provision on Article 5 of the Anti-Corruption and Economic Crimes Act on page 1349 which says:- \"An application for stay of proceedings in a prosecution involving corruption or an economic crime shall not be entertained at any time during the hearing of the case\". Mr. Temporary Deputy Speaker, Sir, I know that the Director or Commission may feel 3460 PARLIAMENTARY DEBATES August 23, 2007 some frustration that they have tried to prosecute a few cases, but before they can proceed, the affected parties have gone to the High Court to seek interpretation of their rights under the Constitution that are threatened with infringement by such action. That feeling could even be legitimate yet you cannot make a law that deprives a citizen of this country of the right to go to a court or a tribunal to seek the protection of that person's human rights. Mr. Temporary Deputy Speaker, Sir, essentially, what this piece of legislation is trying to introduce is an attempt to oust the jurisdiction of courts. The courts will not have the jurisdiction to listen to an application of a citizen who feels that by bringing him to court and charging him in a certain way, his constitutional right is infringed or threatened with infringement. If we oust the jurisdiction of the courts, then definitely this piece of amendment would be unconstitutional. The High Court has unlimited jurisdiction to listen to any pleading that is presented before it. It has what the law calls original jurisdiction to listen to any complaint or application or any prayer that a citizen may make before that court."
}