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{
    "id": 732998,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/732998/?format=api",
    "text_counter": 110,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "We agreed that it is important and needs to be passed fairly quickly so that we can address the issues which will arise in 2017. As an overview and to let the Members know, we are seeking to provide that the petitions with regard to MCAs will be filed at the Magistrates’ Court. That is because sending them to the High Court will just clog it. So, we want to unclog the High Court from the petitioners. You know there are very many people who are vying for MCA seats across the country. In my own county, we have almost 300 aspirants who are vying for various MCA seats across the county. So, we are seeking that those petitions which will arise thereafter from those who are aggrieved, to be filed at the Magistrates Courts. Secondly, with regard to Senators, MPs and County Women Representatives, their petitions will commence at the High Court and end at the Court of Appeal. Those of MCAs will commence at the Magistrates’ Courts level and end at the High Court. Petitions do not raise any new law or ground. We are all aware of the issues which are raised. There is nothing to canvass at the Supreme Court so we shall unclog the High Court, Court of Appeal and Supreme Court from petitions which can be dispensed with. I know many Members have sought to persuade you to make a ruling with regard to issues which the High Court has just ruled, like the matter which is currently pending before the Departmental Committee on Finance, Planning and Trade. I think it is important that you also consider in your ruling as to whether the court has now suspended the Standing Orders with regard to timelines. You gave the Departmental Committee on Finance, Planning and Trade timelines within which to consider that petition. Have those timelines been done away with? Article 125 of the Constitution gives us the power to regulate our own business and we do so under the Standing Orders. Are we saying those Standing Orders have been vacated and have no application in this House? The other thing I would urge you to consider is: Can the High Court, in its conservatory powers, prevent this House from considering that petition without necessarily even sending it to a Committee? We can sit here and consider that petition and pass it. Can Parliament be injuncted? Committees are a subset of this House. It is just the equivalent of this House sitting like for example the Departmental Committee on Justice and Legal Affairs with 29 MPs who represent all of us. Otherwise, we could all sit as Members of the Departmental Committee on Justice and Legal Affairs, the 349 of us. 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."
}