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"id": 702184,
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"speaker_name": "Hon. Speaker",
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"content": "I hope the Serjeant-At-Arms can pick out the Member whose phone is causing all this interruption. Hon. Members, is it Hon. Momanyi? It is rude to allow your mobile phone to ring loudly. It is just courteous to put it on silent mode. In their letters, it is contended that the issue of tax evasion, for which the intervention of the House has been sought through the Petition, is currently before court in two cases, namely, High Court Civil Appeal No.33 of 2016, the parties being the Commissioner of Customs Services vs Bidco Oil Refineries Limited filed on 29th January 2016 and High Court Petition No.217 of 2016, the parties being Okiya Omtatah Okoiti & Another vs Bidco Africa Limited and four others filed on 26th May 2016. The letters urge the House not to consider the Petition in light of the pending proceedings and further note that Paragraph 11 of the Petition is misleading to the extent that it avers that the issues in respect of which the Petition is made are not pending before any court of law or any constitutional or legal body. Their averment is to the effect that the subject matter of the Petition, in so far as it relates to the issue of tax evasion, is sub judice . Hon. Members, the sub judice rule is set out in Standing Order No.89, which provides- “(1) Subject to paragraph (5), no Member shall refer to any particular matter which is sub judice or which, by the operation of any written law, is secret. (2) A matter shall be considered to be sub judice when it refers to active criminal or civil proceedings and the discussion of such matter is likely to prejudice its fair determination. (3) In determining whether a criminal or civil proceeding is active, the following shall apply- (a) criminal proceedings shall be deemed to be active when a charge has been made or a summons to appear has been issued; (b) criminal proceedings shall be deemed to have ceased to be active when they are concluded by verdict or sentence or discontinuance; 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"
}