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{
"id": 71820,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/71820/?format=api",
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"type": "speech",
"speaker_name": "Mr. Speaker",
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"content": "Hon. Members, before we proceed to the next Order, I have the following communication to make. Yesterday, Wednesday, 8th December, 2010, during the afternoon Sitting, you will recall that I made a ruling on a request by the Member for Gichugu, hon. Martha Karua, that certain reports of Commissions of Inquiry be produced in this House by the Minister of State for Provincial Administration and Internal Security. After I had delivered my ruling, a number of points of order were raised seeking certain clarifications on the effect and ramifications of my ruling. Hon. Members, I wish to assert for the record that it is not the intention of the Chair or a practice that I want to encourage that the Chair explains the meaning and implications of rulings made. I have, however, chosen to clarify the points raised in this particular case because of the important constitutional questions which are in issue. Hon. Members, the first of the clarifications sought was by the Member for Gichugu who sought directions about whether the import of my ruling was that Questions of this Parliament will henceforth be addressed to the courts of law. The Member argued that she had sought information as a Member of the House and on behalf of Kenyans with the force of Article 35 of the Constitution and wondered whether Parliament will henceforth, extend its Questions to another arm of Government, namely, the Judiciary. It was her point of view. She was not seeking interpretation of the law, but merely demanding information from the Government, which the Constitution enjoins her to audit. Hon. Members, the second point of clarification was sought by hon. Gitobu Imanyara, the Member for Imenti Central, who sought to know what will become of an undertaking allegedly made by hon. Orwa Ojode, the Assistant Minister, Ministry of State for Provincial Administration and Internal Security, to produce the reports in issue in the light of my ruling. The Member sought to know what would become of the undertaking under circumstances where hon. Ojode stood on the Floor of the House and undertook to bring these reports to the House, and having failed to do so, sought to hide behind the cover of Presidential prerogative. Hon. Members, on the request for clarification sought by the Member for Gichugu, I invite Members to peruse the HANSARD and study closely my ruling and in particular, the closing words of that ruling in which I indicated that, and I quote: “Apart from the remedies available in the courts, this House, as Members are aware, is not short of lawful avenues to enforce the compliance with the Constitution and the laws by the Executive.” My ruling draws a distinction which, to my mind, is crucial between those constitutional rights for which the procedure for vindication is specifically provided for in the Constitution and other constitutional rights whose procedure is not similarly ordained and which can be vindicated and addressed in a multiplicity of ways and by various state organs."
}