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{
    "id": 526838,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/526838/?format=api",
    "text_counter": 58,
    "type": "speech",
    "speaker_name": "Sen. Wetangula",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 210,
        "legal_name": "Moses Masika Wetangula",
        "slug": "moses-wetangula"
    },
    "content": " Mr. Speaker, Sir, what my distinguished learned friend and junior has done is to jump the gun. He is objecting to no Motion. There is no Motion before the House yet. I have only given Notice of Motion; an intention of a future happening. The future happening is in on Order No.3. So, there is no Motion to object to. Mr. Speaker, Sir, be that as it may, if the Chair can then give us a hearing on that. First, the Special Sitting of today is not to discuss a matter that is before any court of law. A Special Sitting of today is to discuss an Act of Parliament unproceduraly and unconstitutionally passed by the “Lower House.” That is the Motion before this House. It is not about a matter before court. The Notice of Motion that I gave made no reference whatsoever to any matter before any court. Mr. Speaker, Sir, secondly, in selectively reading Standing Order 92, my distinguished learned friend omitted carefully to read to you 92(5) that says:- “Notwithstanding this Standing Order, the Speaker may allow reference to any matter before the Senate or a Committee.” This House is guided under Standing Order No.1 by the Constitution, Statute Law, usages, forms, precedents, customs, procedures, traditions of Parliament of Kenya and other jurisdictions to the extent that these are applicable to Kenya. Mr. Speaker, Sir, Erskine May, the bible of parliamentary procedure, is very clear on matters of sub judice . It says on page 387 that exceptions to sub judice have for example been made on matters before civil courts which relate to ministerial decisions or concern issues of national importance. The matter referred to is before a civil court and is also a matter of national importance. Therefore, it comes under the exceptions in ErskineMay, which is one of the major references that any Speaker in the Commonwealth relies on. This matter has not also been canvassed for the first time in Parliament. In the last Parliament – in one of those many now commonly called “Solomonic” rulings of Speaker Marende – the issues of sub judice were adjudicated and argued before Speaker Marende and he made very good rulings which I will invite you to look at, take cognizance and follow. Mr. Speaker, Sir, the first is a Communication from the Chair which I have passed to you, dated 10th September 2009. In this matter, a matter was canvassed before the Speaker in the House by the then Minister for Justice and Constitutional Affairs, the late Mutula Kilonzo, may he rest in eternal peace. Speaker Marende cited the equivalent of 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"
}