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{
    "id": 733021,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/733021/?format=api",
    "text_counter": 133,
    "type": "speech",
    "speaker_name": "Hon. Langat",
    "speaker_title": "",
    "speaker": {
        "id": 384,
        "legal_name": "Benjamin Kipkirui Langat",
        "slug": "benjamin-langat"
    },
    "content": "Mr. Edward Ouko on 16th March 2017. Just before the commencement of our meeting today, Tuesday, 14th March 2017, the Director of Litigation and Compliance informed the Committee that on 13th March 2017, the High Court issued conservatory orders restraining the Committee from further proceeding with the Petition pending the hearing and determination of a case filed by Mr. Okiya Omtatah Okoiti against the National Assembly, the Speaker of the National Assembly, the Attorney-General and Mr. Emmanuel Mwagambo, who is the petitioner. Mr. Omtatah argued that the Petition to remove the Auditor-General from office was a mere witch-hunt by individuals who wanted to remove the Auditor-General from office for exposing corruption in Government. He also contends that the matters raised in the Petition had been addressed by competent offices mandated in law to investigate. Therefore, by considering the Petition, the National Assembly would be usurping the powers. Those matters were being considered by the DPP. We called him and he said that the file is not closed. He said that if there is further evidence, the file will still be reopened. The order that was issued by Justice E. Chacha Mwita further bars the respondents - the Speaker of the National Assembly and the Attorney-General - from acting on any recommendations made by the Committee until the Court determines the petition by Mr. Omtatah. The case will come up for hearing on 10th April, 2017. The Director further informed the Committee of another court order that was issued today in the morning by Justice Odunga granting similar conservatory orders. The case was filed by Mr. Edward Ouko and will come for hearing on 15th May, 2017. Upon deliberations on the matter, the Committee resolved that we suspend our scheduled meetings related to the petition pending your decision and two, request directions from the Speaker of the National Assembly on the following: (i) Whether it was proper for the High Court to issue conservatory orders suo motu on 13th March 2017 before hearing the counsel appearing for the National Assembly and the Speaker of the National Assembly; (ii) Whether jurisdiction of the High Court to hear matters under Article 163 of the Constitution extends to injuncting National Assembly from considering whether a petition submitted under Article 251 of the Constitution discloses a ground for the removal of a member of a constitutional Commission or an independent office; (iii) Whether the High Court has a mandate to impose conditions on Parliament when exercising its mandate under Article 125 of the Constitution to call for information or documents from any person; (iv) Whether the doctrine of separation of powers requires the Judiciary to restrain itself from unnecessarily interfering in matters within the mandate of the other arms of Government, that is, the Legislature and the Executive; (v) Whether the Senate should be requested to pass the Constitution of Kenya (Amendment) Bill No. 2 of 2015 sponsored by Hon. George Peter Kaluma, which was passed by the National Assembly in August 2015 and referred to Senate and is still not passed."
}