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{
    "id": 944100,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/944100/?format=api",
    "text_counter": 72,
    "type": "speech",
    "speaker_name": "The Deputy Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "(Sen. (Prof.) Kindiki): Hon. Senators, I have a communication to make as follows- On Tuesday this week, the Senator for Taita Taveta County, on a point of order which was supported by several other Senators, thereafter, brought to the attention of the Speaker that with regard to the Motion that was debated and passed on the same day regarding the establishment of a Select or Special Committee to investigate the allegations concerning the Governor of Taita/Taveta County, Hon. Granton Samboja. The Senator of Taita/Taveta wanted to know whether it was in order for the House to continue deliberating on the Motion and taking further action while, according to the specified Senator, there were active proceedings. The Chair, after listening to the said Senator and other Senators who made interventions based on that point of order, ruled as follows- (1) The Senate was not aware of any active proceedings concerning the matter of the impeachment of the Governor of Taita/Taveta by that time. (2) The Senate was not party to such proceedings by that time. (3) The Senate had not been served with any court procedures by that time. (4) The position of the Senate and of the Parliament of the Republic of Kenya cannot be injuncted by any court of law. That is the position we hold even in this instance. No court of any nature nor tribunal of any description can injunct a House of Parliament while discharging Parliamentary duties. Hon. Senators, this is not the case for only Kenya, but the case in the whole world, especially under the Commonwealth Legal System, under which our legal system is based. Many Speakers of Parliament have articulated themselves on this matter repeatedly, and I concur with them entirely. Parliament is an independent arm of Government. It exercises sovereignty on behalf of the people. The intervention by judicial organs can only be entertained by way of reviewing legislation passed by Parliament, or processes that have been through Parliament. The courts are mandated to determine whether those decisions are lawful with finality. When we enter the realm of judicial determination, that is the realm of the Judiciary, and they are free to determine an Act of Parliament or a certain process, including impeachment, as lawful or unlawful. However, what the courts cannot do and what we cannot entertain, as Parliament, is a court or tribunal trying to interfere with the independence, sovereignty and integrity of Parliament. This should be reaffirmed, reemphasized and clarified. That is the position and it cannot, will not, and should not change. Having said that, let me sit down to allow my colleagues to take their seats."
}