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{
"id": 344858,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/344858/?format=api",
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"type": "speech",
"speaker_name": "Mr. Orengo",
"speaker_title": "Minister for Lands",
"speaker": {
"id": 129,
"legal_name": "Aggrey James Orengo",
"slug": "james-orengo"
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"content": " Mr. Temporary Deputy Speaker, Sir, there are two senior counsel who sit next to each other on this side, and we are consulting. I have a copy of these proceedings. Any suit against the Kenya Government is normally instituted against the Attorney-General. So, these were not proceedings against the Government as I understand it under the civil procedure rules, or the Government Proceedings Act. Now looking at the judgement, also the Ministry of Lands and the Ministry of Education were not parties to these particular proceedings. So, entry into those cases may not have been appropriate. Thirdly, the orders in this case--- I think they were judgements or orders in personam and not in rem ; this means they only bind the parties. So, the hon. Member for Makadara will know that I am acting knowing very well what the legal status is; the Government and Ministry of Education are not bound because the orders were against the defendants, as far as I understand. Mr. Temporary Deputy Speaker, Sir, finally it is not quite on record that those parents or applicants who went to court consulted the appropriate arms of Government to ensure that, when they went to court, they filed the appropriate proceedings. I normally find a lot of problems in this. Somebody goes to court, and when the court proceedings have gone so far, then they suddenly realize that there is a Ministry of Education or a"
}