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{
    "id": 490764,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/490764/?format=api",
    "text_counter": 193,
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    "content": "those Boards being constituted. This is a very serious matter and I think the Senate should speak out. Mr. Speaker, Sir, sometimes jurisprudence which is the philosophy of law says that sometimes the legal knots are too complicated to untie. In that case, it is allowed to use a knife to cut the knot. I think time has come for this Senate to cut these complicated legal knots. In the old days when the Emeritus, Sen. Wako was the Attorney-General, there was a law called the Government proceedings Act. Under that Act, no injunction could be given against the Government because the theory of injunctions is to protect somebody from suffering irreparable harm or irreparable damage. The theory was that Government is so powerful; it is so resourced that there are no damages it cannot pay. We need to revisit the powers we have given to the High Court through legislation. I am proposing that we cut this legal knot this way; that a law be passed and just like the Government Proceedings Act, we can call it the Parliamentary Proceedings Act which bars the Judiciary from issuing any injunction against matters which are either pending before any House of Parliament or any matter in which the effect of an injunction would prevent Parliament from exercising its mandate as per the Constitution. That would be an appropriate law and it will be in implementation of the Constitution. Mr. Speaker, Sir, in the past, we have cut legal knots through radical surgery of the judiciary and such things. So, we are not really helpless. I am urging our colleagues that the people rely on us for solutions. Therefore, we cannot be the people who cry out every day that the Judiciary has done this and that. We should take some proactive action to empower ourselves and implement our mandate as per the Constitution. I want to thank Sen. Elachi for bringing to this House this very important matter for us to deliberate on. Thank you."
}