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"type": "speech",
"speaker_name": "Kikuyu, JP",
"speaker_title": "Hon. Kimani Ichung’wah",
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"legal_name": "Anthony Kimani Ichung'Wah",
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"content": " Thank you, Hon. Speaker. I rise to also support the Petition by Hon. Mule and the one by the other petitioners, although I do not want to join in the chorus of giving excuses for ourselves. First, we must begin by asking ourselves as a House whether it is not time to amend Article 115(4) of the Constitution that gives the President the powers to legislate through the backdoor. You remember it is on record in the Hansard that this House voted to defeat the infamous 8 per cent and 16 per cent VAT on fuel. However, through veto powers that the President enjoys under Article 115(4), that vote was defeated because we could not raise the two-thirds majority. We must begin to ask ourselves whether it is not time to amend that Article of the Constitution so that, at least, on matters that touch on the people that we represent, the President cannot legislate. A simple majority should suffice to defeat his memorandum. I have listened to submissions by the Leader of the Majority Party. He served in the Kibaki regime. In July 2008, when Hon. Kimunya was in the Kibaki regime, he knows that was the time when the price of crude oil was at the highest in the history of the world — at $147 per barrel. Fuel in Kenya then was at Kshs71 to Kshs73 per litre. Today, the cost per barrel is only $72 while fuel in Nairobi is at Kshs135 per litre. That tells you it is not a question of the cost per barrel but other underlying factors. We need to ask ourselves: Why is it that EPRA is even setting margins that oil marketers should enjoy? We must get back to a regime where competitive or free-market economy is operational. We must begin asking ourselves: Is it not time the Committee suspends the operationalisation of Road Levy, Road Maintenance Levy, VAT and Excise Duty on fuel? Probably through legislation, this House should consider reducing the levies."
}