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{
    "id": 65326,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/65326/?format=api",
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    "content": "As hon. Olago pointed out in canvassing his point of order, the Chair has previously, more so on 27th November, 2008, ruled on a matter which was almost identical to the present one. On that occasion, the same hon. Member sought a ruling as to whether or not conservatory orders issued by the High Court in Judicial Review Petition No.689 of 2008 – Samuel Kivuitu and 22 others versus the Hon. Attorney- General – amounted to a derogation of the constitutional principle of separation of powers by the Judiciary. Hon. Members, in that case, the High Court had, on 11th November, 2008, issued an order restraining the Government of Kenya from taking or commencing any Executive or Legislative Action or process to disband or abolish the defunct Electoral Commission of Kenya and or remove its members from office, pending the hearing and determination of the application. Mr. Olago, in fact, asserted that the ruling of the High Court contravened Section 30 of the Constitution and amounted to a subjugation of Parliament by the Judiciary. Looking at the point of order raised on that occasion and the arguments made and my ruling then, I have been struck at how amazingly identical the issues are. On that occasion, as on this occasion, my ruling identified the issues for determination as the"
}