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{
    "id": 527005,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/527005/?format=api",
    "text_counter": 225,
    "type": "speech",
    "speaker_name": "Sen. Ong’era",
    "speaker_title": "",
    "speaker": {
        "id": 13117,
        "legal_name": "Janet Ongera",
        "slug": "janet-ongera"
    },
    "content": "Mr. Speaker, Sir, thank you for giving me this opportunity to also make my comments with regard to the point of order that was raised on the sub judice rule. The sub judice rule was put there by Parliament. We are the ones who set this rule and the only reason we set this rule was to prevent Members of Parliament, in the event that there was a matter that was in court that was likely to prejudice the outcome of that matter. Here, we are dealing with a matter which is of great public interest in this country. This is a matter that we cannot say that Parliament should be gagged. If we look at Article 117 that was elaborately stated by my brother, Senator number one, Sen. Hassan, the freedom of speech for Parliament to debate on matters which are of national interest cannot be gagged because of the sub judice rule. Therefore, if I may go back to Article 2(4), that my sister, Sen. Ongoro elaborately stated, it says:- “Any law, including customary law, that is inconsistent with this Constitution is void to the extent of that inconsistency and any act or omission in contravention of this Constitution is invalid.” Nowhere in this Constitution is the sub judice rule mentioned. The sub judice rule has only been mentioned under Standing Order 92 because this is merely procedural. We have set these rules for ourselves. Therefore, if you look at the Standing Orders 92(5), it calls for your discretion. This discretion has to be exercised by you judiciously. 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"
}