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{
    "id": 702185,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/702185/?format=api",
    "text_counter": 145,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "(c) civil proceedings shall be deemed to be active when arrangements for hearing, such as setting down a case for trial, have been made until the proceedings are ended by judgment or discontinuance; (d) appellate proceedings, whether criminal or civil, shall be deemed to be active from the time when they are commenced by application for leave to appeal or by notice of appeal until the proceedings are ended by judgment or discontinuance. (4) A Member alleging that a matter is sub judice shall provide evidence to show that paragraphs (2) and (3) are applicable. (5) Notwithstanding this Standing Order, the Speaker may allow reference to any matter before the House to a Committee.” The rule is premised on the constitutional principle of separation of powers by which Parliament should not be seen as trying to deal with matters that properly belong to the Judiciary. For the rule to apply, the matter alleged to be pending before the court or other legal body must be active and there must be a likelihood of prejudice to its fair determination of the issue under consideration if the House or its Committee refers to it in debate. I must note that the House voluntarily imposes the rule on itself subject to the discretion of the Chair and that the Chair has discretion to allow reference to a matter notwithstanding that it is active and that there is a likelihood of prejudice to its fair determination by the courts. I note that the letter received from Ngatia and Company Advocates encloses the pleadings filed by Mr. Okiya Omtatah Okoiti in High Court Petition No.217 of 2016 . In the case by Mr. Omtatah, he seeks a number of declarations from the court against Bidco and other respondents including and I quote:- “A declaration that, as at 31st December 2015 and as stated in the whistle-blower report, the 1st Respondent’s total tax exposure on the unpaid duty (including Value Added Tax) was Kshs4,394,779,047.00.” The above declaration sought from the court is similar to the one sought in the Petition seeking the intervention of the House. The discussion of the issues relating to tax evasion by the subject of the Petition may, indeed, in my view, prejudice the fair determination of the cases. Hon. Members, you will also note that the Standing Order No.223(g) requires a Petitioner to indicate whether issues in respect of which the Petition is made are pending before any court of law or other constitutional or legal body. The object of this Standing Order is to provide the House with information it may use to determine whether consideration of a Petition and the resolution of issues arising from it may prejudice their fair determination by a court or other constitutional or legal body concurrently dealing with the same matter. This, therefore, begs the question why the Petitioners wilfully averred that there were no pending proceedings in court over the subject matter of the Petition relating to the issue of evasion of taxes. This may only lead to the inference that the disclosure of that fact would have adversely affected the cause of the Petitioners. Hon. Members, in addition to the foregoing, I note that Bidco Africa Limited is a privately owned company. I have previously pronounced myself on the extent to which the House may interrogate the affairs of individuals and private companies. It is not to say that the jurisdiction of this House may be ousted by that existence alone. I trust that the matters being prayed for here in this Petition, especially with regard to labour violations are perfectly within the remits of this House. In my view, I trust that the Departmental Committee on Labour and Social Welfare would take the pronouncements that I have made in the past relating to 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"
}