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"id": 494825,
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"content": "deals with criminal matters. He did not go below to see the one that deals with civil matters. The matter has been set down for hearing, and preparations have been made. Parties have been informed. So, in fairness, if we allow this House to debate this Motion, there may be no way of knowing which Member will start giving examples of areas where the order issued will be affected, and how that debate is likely to influence or in any way affect the direction that those hearing the case might take. As I said earlier on, we need to be faithful to the Constitution which, through Article 124, allows us to make our Standing Orders and through those Standing Orders, allow for orderly conduct of business of the House. We have, in those Standing Orders, consciously submitted to respecting the rule of subjudice . Therefore, I would want to advise hon. Moses Kuria, much as I may have sympathy to the issues that he has raised regarding issuance of injunctions and ex parte orders; that if the matter was to be discussed in general terms, it would be a perfect Motion for this House to express itself on. To the extent that this Motion specifically refers to that particular case, we will be infringing on our Standing Order No.89 if we go on to debate it. Therefore, I rule that hon. Moses Kuria withdraws and rephrases his Motion so as not to specifically deal with the matter that is pending before court. Hon. Members, for avoidance of doubt, I want to say it from the Chair that the Speaker has not been served with any court order of whatever description. I have heard hon. Chepkong’a describe some orders in a particular way. Not even such orders have been served on the Speaker. It is unfortunate that even people who have been given very hallowed titles like “Senior Counsel” continue to misinform themselves and consequently misinform even judges and the general public that the Speaker of the National Assembly has disobeyed a particular court order. There is no court order that has ever been served on us. Those which have been served have been served in different capacities. As you know, I chair the Parliamentary Service Commission (PSC). As a Commission, we submit to the rule of law. Where we have been sued, we have proceeded to defend ourselves but we have not been served, as the National Assembly. When we are, we will obviously inform this House so that a decision can be made collectively by this Assembly. It is not fair for people to continue issuing statements recklessly in all manner of places to the effect that there are certain orders, whether very cleverly or otherwise described---"
}