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"id": 219454,
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"speaker_name": "Ms. Karua",
"speaker_title": "The Minister for Justice and Constitutional Affairs",
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"legal_name": "Martha Wangari Karua",
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"content": " Mr. Deputy Speaker, Sir, I rise to oppose the Motion. Kenyans now have a chance to see clearly that people are not practising what they say. The debate at County Hall which is extraneous to this Parliament is not about a committee of Parliament nor is it a committee of the whole House. It is about minimum reforms in order to have free and fair elections. The Bill before the House, and I explained at length when I moved it, is about comprehensive reforms. It has nothing to do with minimum reforms. The minimum reforms quest can continue on one hand. The Government and my Ministry have the mandate to spearhead a legal framework to bind the Government and the people of Kenya to the path of comprehensive reforms. Mr. Deputy Speaker, Sir, Parliament will recall that in May last year, I tabled before this House the report by the Committee of Eminent Persons led by Ambassador Kiplagat. Kenyans said in one voice they want a comprehensive review of the Constitution. I then convened the Multi- Sectoral Forum. After deliberations spanning more than two months where all shades of opinion in this Parliament were represented, we came up with the Constitution of Kenya Review Bill that gives a road map for the comprehensive review of the Constitution. However, we disagreed on the issue of minimum reforms. So, even as a section of people walked out of the Multi-sectoral Forum, we had already unanimously passed the Constitution of Kenya Review Bill. We disagreed over minimum reforms. That is what is being discussed at County Hall with a view to having free and fair elections. Mr. Deputy Speaker, Sir, I moved this Bill. It has now been seconded. When I moved this Bill three weeks ago at County Hall, I was requested to give the committee, which is not a committee of this Parliament, a few days to look at the Bill. I told them I would step down the Motion for a week. I am not bound by that committee as the Minister for Justice and Constitutional Affairs, especially on issues to do with comprehensive review. The Bill is now before the House. Can one hon. Member come and say that he or she has gone through the Bill and will be proposing drastic amendments? Every hon. Member is entitled to propose drastic amendments and even to call for the rejection of the Bill. The Bill is before the House. Trying to stop debate on it, is to prevaricate on an issue that is not under consideration by the grouping, which is not a grouping known to Parliament. It is a grouping of political parties outside Parliament on minimum reforms and not on constitutional review. Mr. Deputy Speaker, Sir, I have heard people here invoking the name of His Excellency the President and that of the Vice-President and Minister for Home Affairs. Perhaps, they have forgotten that I am a member of the Cabinet. This debate does not contradict at all what is going on in County Hall. This is about comprehensive reforms. I had a discussion with the Leader of Government Business of whom I am his deputy and we agreed. Two weeks having passed since I had stepped down the Bill, we returned it to the Order Paper with a view to having it prioritised this week. That meant that my colleagues, including the Leader of the Official Opposition, had noticed that it will be prioritised this week. There was no single dissent in the House Business Committee. This Motion is properly before the House. Unless the Mover is saying that my Ministry operates under the committee. The committee was given seven days and the Bill was referred. The tradition in this Parliament is that when a Motion is referred to a committee of Parliament, the Departmental Committee on Administration of Justice and Legal Affairs have seven days to bring their report. If they do not, we go on. In any event, we have not even come to the stage where amendments are entertained. This is a time to comment on the Bill. Those who have monumental amendments could give us insights now, so that as hon. Members we are able to deliberate. Mr. Deputy Speaker, Sir, I am pleading with Members to address their minds to the two May 24, 2007 PARLIAMENTARY DEBATES 1631 issues; minimum reforms and comprehensive reforms. They do not contradict each other. Even if you come up with a minimum package, Kenyans will still require a comprehensive review of the Constitution. I am urging that we continue debating this Bill. Whatever maybe proposed on the Floor and whatever is agreed upon by Members, will be deliberated on at the Committee Stage, the same way we did with the Political Parties Bill which is one of the three Bills unanimously agreed by the Multi-sectoral Forum. Again, another organ which is not an organ of Parliament. Mr. Deputy Speaker, Sir, I am, therefore, saying this is an attempt to arm-twist. I do not think the request to have minimum reforms was an opening for people to run Government or Parliament from County Hall. Once an agreement is reached at County Hall and it comes to the Floor of the House, then it gets owned by the House. It becomes our matter in this Parliament. I am urging that we proceed with the discussions of this Bill. I beg to vigorously oppose!"
}