Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 526842,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/526842/?format=api",
    "text_counter": 62,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": ", that matters of national importance also fall within that exception. That is on page four. However, he goes on to say something very fundamental at page Five. “It must be noted, hon. Members, that the court proceedings are presided upon by judicial officers properly trained in law who have taken an oath to discharge the functions of the office without fear or favour and without extraneous influences being brought to bear on their work. In the ordinary course of affairs, judicial officers of any repute are very unlikely to be swayed by what is said in Parliament. It does not inspire confidence in the able and learned men and women who serve in our judiciary if we allow the propagation of a view – which view is being propagated by the Senate Majority Leader – that the Judiciary are always looking over their shoulders at what Parliament has said or what stand Parliament may take on a matter before making their recommendations will affect them. It would, probably, itself be an affront on the principles of separation of powers if one arm of the Government were to take such a view of another arm of Government. In my considered view, in a properly functioning democracy with a sound and professional judiciary, the burden of the evidence required to show that there is a likelihood of prejudice to the fair determination of any matter by the court should be set very high indeed.” Mr. Speaker, Sir, I want to urge you to find that we are going to debate a matter of national importance. We are not seeking to influence any court decisions. The courts are unlikely to be influenced by a debate on the floor of the House because courts of law, properly described and established, act on facts placed before them and the law canvassed before them; not on extraneous matters debated in chambers in county assemblies, in the National Assembly or in the Senate of Kenya. Mr. Speaker, Sir, the second ruling by your distinguished colleague, Speaker Marende, on 10th September, 2011, and I again gave you a copy. This was a matter that was canvassed before the National Assembly by the then Member for Kisumu Town, Hon. Olago Aluoch. Speaker Marende in ruling on the issue of sub judice said the following at page six of that ruling:- “As I have previously ruled, the sub judice rule is not one to be invoked lightly. A claim of likelihood of prejudice of the fair determination of a matter is similarly not to be invoked without circumspection---”"
}