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{
    "id": 848769,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/848769/?format=api",
    "text_counter": 271,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "Mr. Deputy Speaker, Sir, the point I want to make is that already we did task this Committee to look into this matter. They have prepared a report which is before the House. I want to tie that to the Constitution that we passed in 2010. Under Article 33 of the Constitution, Kenyans have freedom of expression, which includes freedom to seek, receive and impart information or ideas. The only limitation to that right in Article 33 is found in Article 24 of our Constitution. The only way you can allow limitation of that constitutional right is a situation that can be justifiable in an open and democratic society. In the situation at hand, where lives were lost, the people of this country have a right to know what conclusions the Committee that was appointed by this House arrived at and what decision we, as a House, will make. Secondly, the sub judice rule has a history. As lawyers know, its history is from the common law tradition. The rule was introduced to ensure that the jury is not influenced by debate that could take place outside the jury itself. In this country, we know that the cases that are pending before court will be determined by judicial officers who will arrive at their decisions based on the law and not on what will take place before this House. The magistrates or judges who will consider these cases will not be influenced by the debate that will take place before this House. Thirdly, Mr. Speaker, Sir, there was a High Court decision in the case of Okiya Omtatah versus the Attorney -General. The guiding principle is that the sub judice rule 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."
}