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{
    "id": 848289,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/848289/?format=api",
    "text_counter": 192,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
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    "content": "(a) holistically investigate and establish the circumstances leading to the Solai Dam Tragedy; (b) propose modalities for compensation of all the families of the deceased victims and the surviving families; (c) ensure the dam owner makes compensation in regard to the destroyed environment, especially trees and other vegetation and top fertile soils and; (d) propose measures to mitigate any such eventual disasters, especially for counties that are prone to floods and landslides; (e) Standing Order No. 92 of the Senate Standing Orders provides as follows: (1) Subject to paragraph (5), no Senator shall refer to any particular matter which is sub judice or which, by the operation of any written law, is secret. (2) A matter shall be considered to be sub judice when it refers to active criminal or civil proceedings and the discussion of such matter is likely to prejudice its fair determination. (3) In determining whether a criminal or civil proceeding is active, the following shall apply— (a) criminal proceedings shall be deemed to be active when a charge has been made or a summons to appear has been issued; (b) criminal proceedings shall be deemed to have ceased to be active when they are concluded by verdict and sentence or discontinuance; (c) civil proceedings shall be deemed to be active when arrangements for hearing, such as setting down a case for trial, have been made, until the proceedings are ended by judgment or discontinuance; (d) appellate proceedings whether criminal or civil shall be deemed to be active from the time when they are commenced by application for leave to appeal or by notice of appeal until the proceedings are ended by judgement or discontinuance. (1) A Senator alleging that a matter is sub judice shall provide evidence to show that paragraphs (2) and (3) are applicable. (2) Notwithstanding this Standing Order, the Speaker may allow reference to any matter before the Senate or a Committee. Hon. Senators, in order to address Sen. Moi’s concern, a clear understanding of Standing Order No.92 is critical. This Standing Order in the first paragraph is a general statement of the principle that a Senator shall not refer to any matter that is sub judice or which by operation of law is secret. The general principle, therefore, is that matters under adjudication in a court of law cannot be brought into debate because no conduct ought to be prompted which is likely to prevent a case being conducted free of all matter of prejudice. The second paragraph of Standing Order 92 has two realms of the sub judice rule. In that, a matter is sub judice if it refers to active criminal or civil proceedings. Secondly, that discussing the matter is likely to prejudice a fair determination in a court of law. Thus, if a matter is of active criminal or civil nature, but its distinction does not prejudice its fair determination, then it is not sub judice. Hon. Senators, what we are saying under paragraph 2 is that, two things must be proved; one, that there is an active matter and secondly, that discussing that matter is The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}