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"speaker_name": "Hon. Waiganjo",
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"content": "Thank you, hon. Speaker. I also wish to join my colleagues in congratulating the hon. Member for Gatundu for bringing up this Motion. The rule of separation of powers cannot be understated. In fact, every sector in this country is struggling to reinforce its position as an arm of Government. As far as the Judiciary is concerned, it is in our interest to make sure that the independence is not underestimated. Also, the independence of the Legislature must also be emphasized. IPOA got an injunction after moving to court under the certificate of urgency. The import of an ex parte order is to preserve the status quo. So, in my view this matter is an active matter before court. An ex parte injunction is not a final injunction. It is a holding order awaiting final determination by the court. Therefore, even as we urge our judges to have some purposeful interpretation of the law, we cannot also seem to be the arm of Government that is leaning over the other two arms of Government. The rule of sub judice is clear. The rule of sub judice, even as far as it is within our Standing Orders, does not just apply to this House. It also applies to people out there. Every matter that is active before court is not subject to any discussion outside the court rooms. Not just outside this House of Parliament or this National Assembly, but also to the wider public. It is important to preserve the independence of the Judiciary. It is very important to observe laws and orders, even if such orders are granted in an ex parte way. I also wish to join my colleagues who find that hon. Kuria, even if his intentions are good, is grossly out of order. I thank you."
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