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{
    "id": 424769,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/424769/?format=api",
    "text_counter": 157,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "Thank you, Mr. Speaker, Sir. I will not take a long time. Those who practise in the courts, like the Senate Minority Leader here, Sen. Wetangula, know that judges who have been in the courts for a long time are familiar with the phrase that “Parliament is forever wise;” that Parliament, in whatever it does, it does not do it in vain; that every word that Parliament uses in legislation, every comma and every full-stop must be given full effect and force because Parliament is forever wise. Mr. Speaker, Sir, I was just looking at two Standing Orders that actually confirm that Parliament is not just forever wise, but Parliament is forever dignified and treats the other institutions of Government with a lot of dignity. I think it is important that whereas we treat them with that dignity, they should also reciprocate. I was looking at Standing Order No.88 and I was wondering why that Standing Order is there. It says:- “Neither the personal conduct of the President, nor the conduct of the Speaker or of any judge, nor the judicial conduct of any other person performing judicial functions, nor any conduct of the Head of State or Government or the representative in Kenya of any friendly country or the conduct of the holder of an office whose removal from such office is dependent upon a decision of the Senate shall be referred to adversely, except upon a specific substantive Motion of which at least three days’ notice has been given.” It does not stop there; under Standing Order No.90, this Senate cannot discuss a matter which is sub judice ; this Parliament cannot discuss something that is active in court; not only for purposes of the dignity of this House, but for purposes of the dignity of the other institutions of Government. In fact, under Standing Order No.90, it is not just protection to the Judiciary, but to some extent, protection even to the Executive when it relates to matters which are secret. So, what am I trying to say? I am saying that the other institutions of Government including the Judiciary, when it comes to matters which are actively before Parliament, they should stop and think before even thinking of making any orders in respect of a matter which is active in Parliament. Because what it does is that you cause prejudice to any citizen or to any processes that are ongoing, and there are a multiplicity of events taking place in various fora. So, that is why for a long time, we practiced law on the understanding that you cannot injunct Government as a whole, be it the Judiciary itself – because if a matter is active before a court of competent jurisdiction, you cannot really The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}