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"speaker_name": "Sen. Sakaja",
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"content": "Thank you, Mr. Deputy Speaker, Sir. I just want to add on to what Sen.Mutula Kilonzo Jnr. has said, as he considered the question raised by Sen. Moi. First, Standing Order 92 has five parts, as follows- “(1) Subject to paragraph (5), no Senator shall referto any particular matter which is sub judice or which, bythe operation of any written law, is secret.” However, more importantly, Standing Order No. 92(2) is where the focus should be as you consider this. It states that:- “(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. Mr. Deputy Speaker, Sir, even if and when Sen. Moi complies with Standing Order 92(4), by bringing evidence of the active criminal proceedings, he is supposed to convince you and the House that despite the fact that the proceedings might be active, any discussion is likely to prejudice the fair determination of this matter. Mr. Deputy Speaker, Sir, as the Chair has said, Mr. Mansukh and his lawyer were before this Committee. We raised this issue and they agreed that we will not go into the matters that are actively before the court; but we will discuss matters of policy, omission and commission that occurred in Solai. Therefore, that issue was left aside. Finally, Mr. Deputy Speaker, Sir, I do not want you to be lost on the question that Sen. Mutula Kilonzo Jnr. has asked, on Standing Order No.93, regarding declaration of interest. It is interesting that just a few minutes ago Sen. Outa called Sen. Moi a “stranger” because he has never seen him. It is interesting that the first time he appears, he goes straight to stop discussion of such a matter---"
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