Ababu Namwamba

All parliamentary appearances

Entries 1741 to 1750 of 1948.

• 5 Feb 2009 in National Assembly: Mr. Deputy Speaker, Sir, there are certain issues that are surrounding this debate, and that are of grave concern. One looks around this House and wonders whether there is sufficient political will for the passage of this Bill. This is not the first Bill that this House has been seized of, and that seeks to make a fundamental adjustment to our Constitution. But, unlike previous occasions when the House has been full to the brim; when we have had the pleasure of the President and the Prime Minister attending debate of this nature, we do not see similar political will. view
• 5 Feb 2009 in National Assembly: Mr. Deputy Speaker, Sir, concern must be raised--- view
• 5 Feb 2009 in National Assembly: Mr. Deputy Speaker, Sir, the consultations in the Chamber--- view
• 5 Feb 2009 in National Assembly: Mr. Deputy Speaker, Sir, I was expressing my concern as to whether there exists sufficient political will to push through this critical piece of legislation. Questions have to be raised as to what could be the reason why this particular Statute is meeting such casual attention from this House. view
• 5 Feb 2009 in National Assembly: But, Mr. Deputy Speaker, Sir, be that as it may, there are certain issues around this Bill that have to be critically considered before this whole process takes off. I have looked at Section 3(A)(2) of the Constitution of Kenya (Amendment) Bill, 2009, which provides that, for the avoidance of doubt, the provisions of the Statute shall not be deemed to be inconsistent with this Constitution. My concern is whether we can use this particular section to literally suspend the effect of Section 77(4) of the Constitution that refers to retrospective application of the law. view
• 5 Feb 2009 in National Assembly: Mr. Deputy Speaker, Sir, for the record, Section 77(4) provides, and I quote:- view
• 5 Feb 2009 in National Assembly: "No person shall be held to be guilty of a criminal offence on account of an act or omission that did not, at the time it took place, constitute such offence, and no penalty shall be imposed for criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed." view
• 5 Feb 2009 in National Assembly: Mr. Deputy Speaker, Sir, it is arguable whether we can use the proposed Section 3(A)(2) to suspend the effect of Section 77(4) of the Constitution without making an attempt to make an adjustment to that section. I raise this issue particularly, knowing that even courts in this country have had occasion to make a consideration of the implication of this law and also paying regard to Section 3 of the Constitution that is emphatic: That this Constitution is the supreme law of the land and any other law that contravenes any section of the Constitution must cede supremacy to the ... view
• 5 Feb 2009 in National Assembly: Therefore, Mr. Deputy Speaker, Sir, my number one concern is the possibility of a constitutional suit that may challenge the veracity or the effectiveness of Section 3(A)(2) in so far as it seeks to suspend the effect of Section 77(4) of the Constitution. view
• 5 Feb 2009 in National Assembly: Mr. Deputy Speaker, Sir, there are also concerns that have been raised in many quarters on the manner in which we intend to handle the conduct of the tribunal. A question has been raised regarding the manner in which that tribunal is going to handle the high and mighty that hold public office, and as to whether we should allow them to continue enjoying the privilege and authority of office while under investigation. view