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{
    "id": 675596,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/675596/?format=api",
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    "content": "received the said court order. Indeed, the Leader of the Majority Party this afternoon tabled the court order and the pleadings. The issues he sought clarification on were:- (i) What is the fate of the Standing Orders and in particular the disciplinary procedure set out in Standing Orders Nos. 107 to 112 of the National Assembly Standing Orders that are made pursuant to Articles 75(2)(a) and 124(1) of the Constitution? (ii) What is the fate of the power of the House to make Standing Orders and how far can the House provide for the orderly conduct of its proceedings and what is envisaged by the use of the words “orderly conduct”? (iii)What is the fate of the privileges conferred on this House by virtue of Article 117(2) of the Constitution and the National Assembly (Powers and Privileges) Cap. 6? Some Members including Hon. Olago Aluoch, Hon. T.J. Kajwang’ and Hon. Kimani Ichung’wah also debated on the issue and requested the Speaker to make a ruling on the same. Prior to the debate in the House, my office received correspondence from Hon. Peter Kaluma and Hon. Jakoyo Midiwo requesting the Speaker to pronounce himself on the matters relating to Standing Order No. 111. Indeed, the question as to what is the import of the court order is one of great moment for this House. It raises fundamental issues touching on the principle of separation of powers as contemplated in our Constitution. As you are all aware, our Standing Orders are made pursuant to Article 124 of the Constitution. They are to govern the manner in which we conduct ourselves and our business as a House and in the committees. Therefore, can the court pronounce itself on the internal rules and procedures of the National Assembly without encroaching into the powers of Parliament to conduct its business? This is a weighty question which the court order issued by the High Court reversing the decision of this House now presents. Simply put, what is the Speaker required to do in light of the court order staying the decision of this House? Hon. Members, as you are all aware, Article 107 of the Constitution provides that the role of the Speaker is to preside over or chair the proceedings of the House. The role of the Speaker is however not limited to presiding over the proceedings of the House but one which extends to ensuring that the House functions effectively and freely. Allow me to refer to The CanadianParliamentary Review, “The Speakership: A New Zealand Perspective” which perhaps best illustrates the role of the Speaker. I quote:- “That crucial separation of powers so fiercely fought over hundreds of years, remain today and establish, to my mind, the breadth and depth of the Speaker’s role. The role is not just chairing or presiding over the House. It is, in full context about ensuring the House of Representatives is free and able to function effectively both as a Legislature and in the vital role of holding the Crown or Executive to account. This view of the Speaker’s role guides my interpretation of Standing Orders and also my role as “Minister” responsible for the Parliamentary Service.” The decision of the House, which the court order has now stayed, is one that was made by the Speaker in exercise of powers which have been bestowed on him by the Constitution and the Standing Orders. Indeed, the Speaker does not take part in any debate and does not vote on the decisions of the House. Hon. Members, permit me now to refer to the words of Speaker Lenthall uttered in 1642 in the British House of Commons when King Charles went into the House in that year and The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}