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{
    "id": 241649,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/241649/?format=api",
    "text_counter": 262,
    "type": "speech",
    "speaker_name": "Mr. M. Kilonzo",
    "speaker_title": "",
    "speaker": {
        "id": 47,
        "legal_name": "Mutula Kilonzo",
        "slug": "mutula-kilonzo"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, I do not intend to get involved in an argument with my learned friend. The fact of the matter is that sleeping is also constitutional. So, if you decide to go to sleep, you wake up at your own good time. Let us not play around with the Constitution. Mr. Temporary Deputy Speaker, Sir, another thing is retro-activity. I have a lot of respect for the Chief Justice. It is fair that you know that. The Chief Justice said that this rule will play backwards. So, whatever constitutional reference was filed earlier is now overtaken by events. He just continues moving the goal posts. We cannot allow a system of Government to interfere with the constitutional rights of citizens. When a law is in application, it must be respected. You cannot come and amend it in the middle of the way and tell me that I am now subject to a law that was not in force at the time the particular circumstances arose. Therefore, I am waiting for Senior Counsel Amos Wako, who has an enormous amount of experience in the field of law; I want him to confirm, when he stands to reply, that a law cannot be enforced retrospectively. Even if he does not, the Constitution says so. The Minister will tell us whether that is not the case. These are the risks you take when you try to amend the law through some sort of a track. Mr. Temporary Deputy Speaker, Sir, the Attorney-General is giving to a moribund institution called the Kenya Anti-Corruption Commission (KACC), the power to appoint receivers. Already, the principles and law of receivers in Kenya has been abused. Everybody knows that. When you appoint receivers, their work is to come and eat away as much as was left by those who had already run down the institution. The Attorney-General will also confirm that what I am saying is true. The law of receivers in the country is due for review to make sure that receivership has got some certain limits. The Minister for Livestock and Fisheries re-opened the Kenya Meat Commission recently after it had been eroded by receivers. He knows that and he will confirm it. Now, all of a sudden, you want to give a corrupt institution called KACC, the power to appoint receivers on property. Surely, the hon. Attorney-General, there must be another method of doing this. I object to this arrangement."
}