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{
    "id": 808546,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/808546/?format=api",
    "text_counter": 133,
    "type": "speech",
    "speaker_name": "Suna East, ODM",
    "speaker_title": "Hon. Junet Nuh",
    "speaker": {
        "id": 2840,
        "legal_name": "Junet Sheikh Nuh",
        "slug": "junet-sheikh-nuh"
    },
    "content": " Yes, Hon. Speaker. I have an issue to raise on a point of order. I want to raise an issue that I want to address to you as the Speaker and the Chairman of the Parliamentary Service Commission (PSC); an issue that is of great importance to the House. Under the Constitution, there is the doctrine of separation of powers, where we have three arms of the Government - the Executive, Legislature and Judiciary. It is very dangerous when one arm of the Government decides or intends to overlap the other arm of Government. I am privy - not reliably though - that there is an appeal at the Court of Appeal, but it is an issue of concern to me as a legislator. A High Court ruled that someone who is under investigation or someone who is appearing before a committee or, for that matter, proceedings of the House, can be injuncted through a court order. There is a ruling that is in the public domain that happened when we were on recess. We did not get an opportunity to raise it on the Floor. The Constitutional Court ruled that anybody can go to court and get an order and injunct the proceedings of a committee of the House, without putting into consideration the fact that the committee is working on behalf of the plenary where we are seated today. Secondly, whenever we want to discuss issues that are before the court, we are always told it is sub judice; that we cannot discuss the matter as it is before a court of law. Why is it that the Judiciary now wants to participate in the functions of the Legislature, when they say that we cannot discuss matters before them? This contravenes the Constitution. This is an affront to the independence of Parliament. We have a responsibility to defend the Constitution. When we swore here before the Clerk, we took an oath to defend the Constitution. In the Constitution, Parliament has powers like the High Court to summon anybody to appear before it. For example, before the Committees on Agriculture and Livestock, there is this The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}