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{
    "id": 732331,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/732331/?format=api",
    "text_counter": 105,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "(b) advances the rule of law, and the human rights and fundamental freedoms in the Bill of Rights; (c) permits the development of the law; and (d) contributes to good governance. Art. 94(4): ―Parliament shall protect this Constitution and promote the democratic governance of the Republic. Hon. Members, having laid that background, I will now proceed to consider each of the issues raised in the House sequentially in a more detailed manner. 1. Whether the High Court has powers to stop the National Assembly from considering the Petition. I am aware that the Order issued by the High Court in the Omtatah Case, on 13th March 2017, read in the pertinent part, as follows: 4.―THAT, in the meantime conservatory orders are hereby granted restraining the Committee of the National Assembly seized of the Petition against the 1st Interested Party herein (Edward Ouko) from further proceeding with that Petition pending the hearing and determination of this Petition. 5. THAT, for avoidance of doubt, the respondents should not act on any recommendation made by the responsible Committee of Parliament, namely, the Departmental Committee on Finance, Planning and Trade Committee of the National Assembly, until the court determines the Petition before it‖. Whereas the court apparently set the Omtatah Case for hearing on 10th April, 2017, nobody knows whether the hearing will, indeed, proceed on that day and what other orders the court may issue then. As such, I will see the court order for what it is, not what it purports to be. Whereas the court order purports to be a ‗meantime conservatory order‘, its effect, on the face of it, is to impede the National Assembly from discharging its mandate by considering the Petition until such a time that the court may issue further orders. The court order, therefore, seeks to stop the National Assembly from considering the Petition submitted by Emmanuel Mwagambo Mwagonah for the removal of the Auditor-General as contemplated under Article 251 of the Constitution."
}