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    "id": 848762,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/848762/?format=api",
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    "speaker": null,
    "content": "It is not enough to stand up and tell the House that the matter is sub judice. You must demonstrate to this House the court case number, who the accused and what the charge is, the number of witnesses likely to be called, the number of statements that have been recorded, when the hearing date is due, which court and which judge will hear the case. All these are prerequisites for establishing that a matter is sub judice. Secondly, Mr. Deputy Speaker, Sir, there is an exhaustive ruling – and our clerks can indulge us by getting it to you– that was delivered by the former Speaker of the National Assembly, hon. Kenneth Marende, on the matter of sub judice . It is not enough even to know that there is a court case going on, but you must establish that the proceedings of this House are likely to affect that case; and you must show the extent of the effect on it. How is the debate here going to affect that case? Mr. Deputy Speaker, Sir, we can even take judicial notice that there is a court case out of Solai Dam. However, what case do we have in court? It is a homicide. The proceedings in this House are not inquiring into a homicide; we are inquiring into matters of recklessness, criminal negligence and greed that have brought anguish to this nation. Mr. Deputy Speaker, Sir, you as a Chair, as Lord Denning would say, “Shall forever sit there with the eye of a hawk in terms of vigilance.” Therefore, anybody who veers off the beaten track, you have a duty to stop us. That is why you chair these proceedings. If any Senator embarks on a misadventure that goes off the track on what is before us, then you rule him out of order. Lastly, there is the issue of public interest. It would go down very badly for this House to be portrayed out there that through very whimsical reasons, we are stifling debate on a matter that, not just Kenyans, but Kenyans of the lowest level of our society who are caught in their bedrooms and swept off like you sweep animals lying in a laager to death. It is sad 48 of them died. If it was in Rob Spear’s farms in 1799, we would be talking about something different. We are lucky that we are in Kenya in 2018. I urge you, Mr. Deputy Speaker, Sir, that you rule Sen. Moi out of order to the extent that he has not provided any material or has not satisfied the Standing Order that he quoted, and above all he is simply trying to derail debate. He is simply trying to postpone debate. In my community, we say “when a cow has carried a calf for nine months and the gestation period is over, even if you call muscle men to hold him back, it must come out.”"
}