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{
"id": 85309,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/85309/?format=api",
"text_counter": 300,
"type": "speech",
"speaker_name": "Mr. M. Kilonzo",
"speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
"speaker": {
"id": 47,
"legal_name": "Mutula Kilonzo",
"slug": "mutula-kilonzo"
},
"content": " Thank you, Mr. Speaker, Sir. Allow me to thank Dr. Khalwale and the hon. Members who are raising this point, because it is an important point. I think it is good for the country that it be put to rest. Therefore, allow me to make a few remarks. The first one is to draw the attention of this hon. House to the legislative authority of Parliament in the old Constitution. These are Sections 30 to 40, Sections 43 to 46 and Sections 48 to 58, which have been expressly preserved under the scheme of things. Let me read out Section 3; this is very important and should go on record. If you look at Section 3 of Schedule 6 it is so clear. The heading is: âExtension of Application of Provisions of the Former Constitutionâ. It says: âSections 30 to 40, Sections 43 to 46 and 48 to 58 of the former Constitution; the provisions of the former Constitution concerning the Executive and the National Accord and Reconciliation Act, 2008 shall continue to operate until the first general election held under this Constitution where the provisions of this Constitution concerning the system of elections, eligibility for elections and electoral process shall apply to that electionâ. Therefore, it is my very humble, but extremely firm position, that, sadly, Dr. Khalwale and hon. Members may not have seen the Ministry of Justice, National Cohesion and Constitutional Affairs mentioned, but that Ministry is mentioned in the Executive Section of the old Constitution, specifically under Section 18 of the old Constitution and it has been preserved. It says: âResponsibility for any business of the Government of Kenya including the administration of any of the departments of the Government may be assigned to the Vice- President and the several Ministers as the President may, by directions in writing determineâ. I do not know whether the hon. Members are saying that I am not the Minister for Justice, National Cohesion and Constitutional Affairs; that is the docket that I currently hold. Mr. Speaker, Sir, having said that, it is also important that we bear in mind that, under the Constitution of Kenya, at Section 2 of Schedule 6, you will find that the provisions regarding the Executive in the current Constitution have been suspended. That means for clarity, the Ministers serving now until the next general election are the Ministers contemplated by the National Accord and Reconciliation Act, Act No.4 of 2008. After August 2012 Ministers will not be Members of Parliament and the issue that is being raised will not arise. Therefore, for purposes of both Section 2 of Schedule 6 and Section 3 of Schedule 6, I am the line Minister responsible for constitutional affairs, including review and, until the President says otherwise, implementation. Therefore, these issues were raised in the Cabinet, and there is a view making rounds suggesting that the Cabinet may be almost unaware of these provisions. I want to dissuade hon. Members from that perspective. The Cabinet is very well aware of this provision. Therefore, if you allow me, I would like, very exceptionally, because this is a very critical matter, to table before the House the Cabinet memorandum that I presented by virtue of that extension in Section 3 for authority to publish these Bills. It is co-sponsored and signed by my learned friend, fellow senior counsel, hon. Amos Wako, Senior counsel of the Republic of Kenya. You will see that authority was then granted by the Cabinet for the publication of these Bills on the understanding that this is a joint effort between my Ministry and the Office of the Attorney-General."
}