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"content": "Next order!"
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"content": "COMMITTEE OF THE WHOLE HOUSE"
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"content": "THE INDEMNITY (REPEAL) BILL"
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"content": "POINT OF ORDER"
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"content": "PRESIDENTIAL MEMORANDUM ON THE INDEMNITY (REPEAL) BILL"
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"content": "On a point of order, Mr. Temporary Deputy Speaker, Sir. Thank you very much for giving me this opportunity. The order that you have just called out, that is, Order No.9, regards a Motion. I want to refer you to Standing Order No.47(3) and I read- --"
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"speaker_name": "Mr. Imanyara",
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"legal_name": "Gitobu Imanyara",
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"content": " Order! Attorney-General, I am expecting that you will responding to those issues."
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"content": "Standing Order No.47(3) reads:- “If the Speaker is of the opinion that any proposed Motion- (b) is contrary to the Constitution without expressly proposing appropriate amendment to the Constitution; or. (c) is too long; the Speaker may direct either that the Motion is inadmissible, or that notice of it cannot be given without such alteration as the Speaker may approve.”"
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"content": "Mr. Temporary Deputy Speaker, Sir, our Constitution is very clear. The matter before us refers to Indemnity Act, Chapter 44 of the Laws of Kenya. In January, 2010, this House unanimously repealed this Act with no single dissenting voice, including the Official Responder of the Government. It went to the President and the President returned it with a Memorandum on 26th August, 2010. I can tell you that, that dilly-darling was an anxiety. Some retrogressive forces in the Government - and I want to appreciate that the new Attorney-General was not part of that force--- But he is under obligation to advice the President and the Government. I want to refer to Article 27(2) which speaks about the supremacy of our Constitution. The law that this Parliament has repealed goes contrary to the spirit and text of our Constitution. It was in the wisdom of this Parliament that this law be repealed. We now have a proposed Memorandum from the President which suggests that a law that is illegal can actually be amended. You cannot amend an illegality. This law is already illegal. We have decided that it is not supposed to be part of our laws. It was unconstitutional even under the previous Constitution. There has been a deliberate attempt by the Executive to frustrate the matter every time it appears before this House. When it finally came and the House made a decision, the sensible thing for the President to do was to sign it so that the law is completely repealed."
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