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"content": "The then Minister for Justice and Constitutional Affairs, my dear friend, the late hon. Mutula Kilonzo had brought the matter to the House then arguing that debating that matter in the House could be tantamount to sub judice . The Speaker, therefore, went to a great length to discuss that issue and quoted several authorities from the Commonwealth as well as the books of law that my dear friends are familiar with them. Mr. Speaker, Sir, we must accept that as a Speaker, in preparation for this Session, you must have looked at the rulings of your previous colleagues. Therefore, I would not at any one moment assume that you are not familiar with this ruling. However, I must bring the substance of this ruling to hon. Members of this House so that we argue from the same plane. Mr. Speaker, Sir, one of the things that Speaker Marende said, and I quote him:- “In the House of Commons of the United Kingdom, the sub judice rule provides that matters awaiting the adjudication of a court of law should not be brought forward for debate in the House, but this is subject to the discretion of the Chair and the right of the House to legislate on any matter or to discuss any matters.” That was a precedence set by your predecessor, Speaker Marende. I want to underline that last sentence: This is subject to the discretion of the Chair and the right of the House to legislate on any matter or to discuss any matters. Mr. Speaker, Sir, we have a matter before us, which as, the minority in this House, we deemed to be of national importance and we feel that it is a matter that both you and us should accept discussion in this House. Speaker Marende then went on to say:- “As a result both Houses of the United Kingdom Parliament have adopted a qualification to the sub judice rule by which discussion is permitted on a matter relating to a ministerial decision as well as issues of national importance.” Mr. Speaker, Sir, what we have before us is not a ministerial decision, but an issue of national importance. National importance has the following terms:- First, that the people of Kenya feel, and very strongly and it has been expressed in many ways, that the Kenyan Constitution is being harassed, undermined, raped and violated. They have expressed it in so many adjectives. The people of Kenya are concerned and, therefore, they see that this House, the Senate, as the “Upper House,” should debate this matter and pronounce itself nationally and internationally. The second issue of national importance is that this House has actually been by- passed in making decision on a matter of national importance. How has this House been by-passed? The Constitution says, and it has been discussed, that any Bill passed in either House should be reported to either House. However, I am afraid I must place this buck at the door of the President because for him to sign a Bill, he should be advised whether that Bill has passed through all the processes of Parliament, not just the National Assembly. Mr. Speaker, Sir, if we allow this Bill to become a law, when we, as Senate have had nothing to do with it, then, indeed, we shall have redefined the definition of Parliament, for Parliament to be the National Assembly and not Parliament to be the two Houses as defined in the Constitution. 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"
}