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"id": 871,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/871/?format=api",
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"type": "speech",
"speaker_name": "Mr. Imanyara",
"speaker_title": "The Temporary Deputy Speaker",
"speaker": {
"id": 22,
"legal_name": "Gitobu Imanyara",
"slug": "gitobu-imanyara"
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"content": " Order! Why are you not letting him make the point that he wants to make?"
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"id": 872,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/872/?format=api",
"text_counter": 377,
"type": "speech",
"speaker_name": "Prof. Muigai",
"speaker_title": "The Attorney-General",
"speaker": {
"id": 408,
"legal_name": "Githu Muigai",
"slug": "githu-muigai"
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"content": " Mr. Temporary Deputy Speaker, Sir, my attention has been drawn by hon. Mungatana to Section 46(4) of our old Constitution which says that: “Where the President refuses to assent to a Bill, he shall, within fourteen days of the refusal, submit a memorandum to the Speaker---” To my mind, the operative date must be the date that the President receives the Bill and is requested to assent to it. The last comment that I would like to make on this relates to what hon. Duale said before he exited the Chamber. In fact, the old statute that we seek to repeal, specifically precluded from indemnity acts done in bad faith and acts that were outside the purview of the public interest. So that what he is concerned about was already catered for in the old Act. Let me finish by saying that we welcome the opportunity for you to rule on this point. As far as the Government is concerned, we will abide with the ruling of the Chair on this point. However, the submissions that I have made constitutes our understanding of the correct legal position."
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"id": 873,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/873/?format=api",
"text_counter": 378,
"type": "speech",
"speaker_name": "Dr. Nuh",
"speaker_title": "",
"speaker": {
"id": 114,
"legal_name": "Nuh Nassir Abdi",
"slug": "nuh-abdi"
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"content": "On a point of order, Mr. Temporary Deputy Speaker, Sir. The Attorney- General has not responded to the fact that the amendments so proposed by the President is a complete negative of what was passed by this House which, again, contravenes the Standing Order No.55(3) which I cited."
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{
"id": 874,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/874/?format=api",
"text_counter": 379,
"type": "speech",
"speaker_name": "Mr. Imanyara",
"speaker_title": "The Temporary Deputy Speaker",
"speaker": {
"id": 22,
"legal_name": "Gitobu Imanyara",
"slug": "gitobu-imanyara"
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"content": " Indeed, the Attorney-General, the issue of the Standing Order No.47(3) and 44 negativing the intention of the House, those two issues you have not addressed. Perhaps, you may like to address the Chair on those two."
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"id": 875,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/875/?format=api",
"text_counter": 380,
"type": "speech",
"speaker_name": "Prof. Muigai",
"speaker_title": "The Attorney-General",
"speaker": {
"id": 408,
"legal_name": "Githu Muigai",
"slug": "githu-muigai"
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"content": " Mr. Temporary Deputy Speaker, Sir, I submit with tremendous respect to my colleagues that we must read the Standing Orders as part of the enabling legislation under which they are made and then as part of the Constitution. It was never the intention of the Constitution that the prerogative of the President to consent or to refuse to consent to legislation should be in any way compromised by the Standing Orders. The President has not sought to reject the wish of Parliament. He has sought to modify the wish of Parliament as he is perfectly entitled to do."
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"id": 876,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/876/?format=api",
"text_counter": 381,
"type": "speech",
"speaker_name": "Mr. Mungatana",
"speaker_title": "",
"speaker": {
"id": 185,
"legal_name": "Danson Buya Mungatana",
"slug": "danson-mungatana"
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"content": "On a point of order, Mr. Temporary Deputy Speaker, Sir. The Attorney-General is making a dangerous point. If he says that it was never the intention of the Standing Orders to abstruse the prerogative of the President, I want to remind the Chair that these Standing Orders are, in fact, grounded on the very Constitution that gives the power to the President to exercise his prerogative. So, the President must stand guided by the same Constitution that grounds our Standing Orders. Our Standing Orders are not statutory. They are based on the Constitution. So, their authority is as constitutional as the authority that the President purports to exercise wrongly in this case."
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"id": 877,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/877/?format=api",
"text_counter": 382,
"type": "speech",
"speaker_name": "Mr. Imanyara",
"speaker_title": "The Temporary Deputy Speaker",
"speaker": {
"id": 22,
"legal_name": "Gitobu Imanyara",
"slug": "gitobu-imanyara"
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"content": " You have made your point, hon. Mungatana."
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"id": 878,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/878/?format=api",
"text_counter": 383,
"type": "speech",
"speaker_name": "Prof. Muigai",
"speaker_title": "The Attorney-General",
"speaker": {
"id": 408,
"legal_name": "Githu Muigai",
"slug": "githu-muigai"
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"content": " Mr. Temporary Deputy Speaker, Sir, this House is sovereign. This House is popularly elected by the people of Kenya, so is the President of the Republic of Kenya. The powers of the President and the powers of Parliament are not in conflict. They are in harmony to be exercised together for the just governance of the people of Kenya. This House has within its powers to listen to the amendment that I propose and to reject it. There is no other constitutional recourse. Then it will become law whether the President signs it or not. That is our Constitution."
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"id": 879,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/879/?format=api",
"text_counter": 384,
"type": "speech",
"speaker_name": "Mr. Imanyara",
"speaker_title": "The Temporary Deputy Speaker",
"speaker": {
"id": 22,
"legal_name": "Gitobu Imanyara",
"slug": "gitobu-imanyara"
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"content": " Except, Professor, the point that is being raised is admissibility of the Motion under the Standing Order 47."
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"id": 880,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/880/?format=api",
"text_counter": 385,
"type": "speech",
"speaker_name": "Prof. Muigai",
"speaker_title": "The Attorney-General",
"speaker": {
"id": 408,
"legal_name": "Githu Muigai",
"slug": "githu-muigai"
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"content": " Mr. Temporary Deputy Speaker, Sir, we have surrendered that to your jurisdiction."
}
]
}