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"content": "Therefore, Mr. Temporary Deputy Speaker, Sir, so that we do not complicate and convolute this matter, I rise on this point of order to request the Chair’s ruling that this Order No.9 be referred back, and an order be made by the Chair that we do not go to the Committee of the Whole House, because we will be breaching our own Constitution, both the new and the old one. The Attorney-General be seized of this matter and advise the President to sign the Bill into law to avoid unnecessary confrontation with this Parliament."
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"content": "(Applause)"
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"type": "speech",
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"content": "This Parliament has made its decision. In fact, the Government side supported us when we moved this House. It is strange that the President suddenly has realized that there is a problem, and we wonder what the problem is. We have said we will not change. I urge that you do not allow the Committee of the Whole House to take place and you order the Attorney-General as I have prayed. I thank you, Mr. Temporary Deputy Speaker, Sir."
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"type": "speech",
"speaker_name": "Mr. Imanyara",
"speaker_title": "The Temporary Deputy Speaker",
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"content": " Hon. Duale."
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"type": "speech",
"speaker_name": "Mr. Duale",
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"legal_name": "Aden Bare Duale",
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"content": "Thank you, Mr. Temporary Deputy Speaker, Sir. This Bill came to this House in April, last year, and Parliament removed it from the laws of Kenya. What the President has now advised, or brought back, is that he wants that instead of the repeal, an amendment be moved. He wants this to exist as part of the laws of Kenya. Mr. Temporary Deputy Speaker, Sir, this legislation of 1972 was meant to insulate public officials and security officials from law during the Shifta War. This law has very painful memories of massacres in a particular section of the people of this country. I think the new Attorney-General must not be like the old one. He must advise the Government as per the Constitution. Section 2 (4) under the subtitle “Supremacy of this Constitution”, it is very clear. It says, and I quote:-"
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"type": "speech",
"speaker_name": "Mr. Duale",
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"content": "“Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid”. That section 2 (4) gives clear guidance that what the President is trying to do is not consistent with this Constitution. Today, as we stand here, we have our defence forces doing an operation in Somalia; that the people of northern Kenya might again suffer the same during this operation. So, Mr. Temporary Deputy Speaker, Sir, we urge you to give a ruling that this order should not be allowed and the House should not go into the Committee Stage until you give further directions, because this order contravenes the Constitution that the Kenyans and the people of northern Kenya voted for 98 per cent. Thank you, Mr. Temporary Deputy Speaker, Sir."
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"id": 858,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/858/?format=api",
"text_counter": 363,
"type": "speech",
"speaker_name": "Mr. Imanyara",
"speaker_title": "The Temporary Deputy Speaker",
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"id": 22,
"legal_name": "Gitobu Imanyara",
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"content": " Attorney-General."
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"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/859/?format=api",
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"type": "speech",
"speaker_name": "Prof. Muigai",
"speaker_title": "The Attorney-General",
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"content": " Mr. Temporary Deputy Speaker, Sir, first, I want to appreciate the comments by hon. Mungatana that I was not in this House, and I was not in the Office of the Attorney-General when this Bill was passed by the House, when it was presented to His Excellency the President, when it pleased him – the President – on the advice of the Attorney-General to refer it back to this House. But the Office of the Attorney-General is an institution. My own personal views on this matter would not be important at this stage. This referral has already been made and is pending before the House. I want to remind hon. Members that under our Constitution, the legislative power is both in this National Assembly and in His Excellency the President. It is when this House and the President act together that they are Parliament, and not otherwise. It is, therefore, not unconstitutional, Mr. Temporary Deputy Speaker, Sir, that the President should express his opinion in respect of any law that is passed by Parliament. However – and this is the genius of our democracy – it is still the prerogative of this House to refuse to accept the proposals, the amendments and the suggestions that are made by the President. That, in my very humble view, is the course open to this Parliament today. I would request you, Mr. Temporary Deputy Speaker, Sir, to allow that we should commence this debate, that I should move this amendment and this House, in its wisdom, if it chooses to amend, refuse or reject the amendments, that will be it. Then it will be for historians to debate in future years who of us was right, whether it was the House or the President. But let me say this, Mr. Temporary Deputy Speaker, Sir, before I sit down. I understand the reasons my distinguished colleagues on the other side of the House raised the issues that they have raised. All of us care deeply about the welfare of the people of this country. I am sure that his Excellency the President and the hon. Members of this House would like to achieve the same goals, and that goal is to remove from our laws any legislation that offends the Constitution. In my very humble view, though, this is what His Excellency the President has proposed, it is a compromise; it is to retain immunity for the Armed Forces of the Republic of Kenya that engaged in a legitimate war; that was duly declared under the Constitution and the law at the time and enacted by this Parliament."
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"content": "On a point of order, Mr. Temporary Deputy Speaker, Sir."
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