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"type": "speech",
"speaker_name": "Ugenya, MDG",
"speaker_title": "Hon. David Ochieng’",
"speaker": {
"id": 2955,
"legal_name": "David Ouma Ochieng'",
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"content": " Thank you very much, Hon. Speaker. I wish to request for a Statement regarding disobedience, failure to comply with and non-execution of court orders by the Executive, the national Government and its agencies. Pursuant to Standing Order No.44(2) (c), I request a Statement from the Chairperson of the Departmental Committee on Justice and Legal Affairs regarding cases of disobedience of court orders, failure to comply with court orders and a non-execution of court orders by the Executive Arm of Government and its agencies. The Government of Kenya is established by law under the Constitution of Kenya wherein Article 1(3) creates the Legislature, the Executive and the Judiciary as the organs of state to which the sovereign power of the people is delegated. The said organs are distinct and bound by the doctrine of separation of powers and functional independence of each. The proper functioning of Government depends on the cooperation and execution of each of the state organs roles and functions as declared in the Constitution. Failure of any one organ to carry out its functions affects the functioning of the other two. Therefore, for some time now, there has been hue and cry from the Judiciary and independent State organs that the national Executive and other State organs are wilfully disobeying court orders, failing to comply with court orders and failing to execute court orders. There has also been hue and cry from citizens that the national government is not obeying court orders and is frustrating execution of court orders. Some of the cases that come to mind and which have been cited are the eviction of Sengwer from forests, in the Environmental Petition No.15 of 2013; the Miguna Miguna case is still fresh in our minds; the shutting down of television stations; the Teachers Service Commission and the Director of Pensions, where more than 22,000 teachers have not been paid for more than 10 years. The latest are petitions 369 and 427 of 2019 regarding His Excellency the President’s delay or, indeed, refusal to swear in judges recommended for appointment by the Judicial Service Commission (JSC). The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}