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{
    "id": 748734,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/748734/?format=api",
    "text_counter": 160,
    "type": "speech",
    "speaker_name": "Hon. Kaluma",
    "speaker_title": "",
    "speaker": {
        "id": 1565,
        "legal_name": "George Peter Opondo Kaluma",
        "slug": "george-peter-opondo-kaluma"
    },
    "content": "deals with the matter of sources of law that are binding. It is not just providing the sources, but also the hierarchy of laws. When interpreting and determining what law is applicable, the first law to look at is the Constitution of Kenya, Section 3(1)(a) of the Judicature Act Cap 8 of the Laws of Kenya and all other written laws which are statutes, rules and others. Section 3(1)(c) of the Judicature Act states: “Subject thereto as far as those written laws do not extend or apply, the substance of the common law, the doctrines of equity and statutes of general application in force in England by 12th August 1897 and the procedure and practice observed in courts.” That is what we call judicial precedence. I would like to emphasis and tell you that when you have a court determination such as this one which has become the basis of the Joint Committee’s recommendations herein, it takes the very last consideration in terms of guiding the decisions of a body such as Parliament or a court of law. Look at these recommendations keenly. We are being told that contrary to the provisions of Rule 6(1), the constituent parties of CORD should go and add some numbers. Essentially, we are being told that we should follow a court decision before we follow a statutory provision duly legislated and approved by this House. The point I am raising is one which I need to share an opinion with the Chair of the Joint Committee. I do not know how long the Deputy Majority Whip will take."
}