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"speaker_name": "Hon. A.B. Duale",
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"content": "So, this Committee, procedurally, is saying that you sent us on a trip just like our colleagues wanted to go to Canaan and Canaan became invisible. So, they ended up in Harambee House. The destination was not reached. So, this Committee is under obligation because it was given 14 days, which I think were extended. So, it cannot carry this hot potato. It had to bring it back to the House and say: “From where we sit, we cannot move.” So, what you do, in my honest opinion, is to return this hot potato to the sender. Am I right? Yes, because it is a very complex issue. Hon. Mbadi was away. How come this process was like this in the 10th Parliament then in the 11th Parliament it was a different thing and then in the 12th Parliament we are back to another quagmire? I think it is very good food for thought. The whole problem is Articles 171, 250(2) (b) and 248 of the Constitution. If you read those three articles together, there are many interpretations that different people can make. Hon. Mbadi will interpret this way. Hon. Maanzo will do the same. Hon. Mbadi, you are an accountant. When you qualify numbers, we do not doubt you. So, you have no moral ground to doubt Hon. Maanzo. He went to a Kenyan university. He is a very respectable lawyer. You and I might one day hire him to represent us. You have to be very careful. Hon. Maanzo can give you pro bono services. So, I think this amendment is in place. It is in order. Let us all support it and the progressive report of the Committee because it could not make a decision. I am sure, one way or the other, an interpretation will be done. In fact, that is why the Supreme Court is in place; to do opinions. I think they need to do an opinion on these three articles and then give us the way forward. As the Legislature, in respecting this, we want to have a good working relationship with the other arms of Government – the Executive and the Judiciary. In their own way, they serve the people of Kenya. So, they have a role to play. I am sure if we complement each other as the Judiciary, the Legislature and the Executive and we create a very good working relationship, the ultimate winners are the people of Kenya. Hon. Judge Warsame is a very good friend of mine. I need to declare that. He is a very good friend of mine, but he happened to be a victim of a lacuna in those three provisions of the Constitution and I am sure he has capacity and intellect. That is why his colleagues in the court of Appeal have shown confidence for the second time in voting him. I am sure as time goes by, we will find a way out. Hon. Speaker, some of us respect the Chairman of the Committee and I really want to ask colleagues that once you come to the Chamber you must have some decorum. We must respect the Standing Orders and the Speaker. It is not good for Members to misbehave. We want to learn. Hon. Mbadi, please, consult with some of your Members. Tell them not to misbehave. I will do the same with Jubilee. This is because we are the ones to lead people and show them how to behave in the House. That is why we are leaders. I am sure in your next meeting, you will talk to Hon. Millie Odhiambo. Tell her to, please, come with her card. It is a requirement to come to the Chamber with your card, but if you forget to carry it with you, all you do is to humbly ask the Speaker in a very good way: “I am sorry I forgot my card. Can I make a point of order?” This is Hon. Millie Odhiambo’s third term. That behaviour is not good even for our newcomers. Learn from some of us. Do not learn from others because… Hon. Speaker, I beg to support and agree with the Committee that this deletion is important for the House. It protects and secures the House. It does not set a precedent for us to, in the future, gag ourselves. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}