Abdikadir Mohammed was elected MP for the Mandera Central Constituency in 2007. A Harvard Law School graduate, he heads the Parliamentary Select Committee on Constitutional Reform
3 Feb 2009 in National Assembly:
"Subject to this Constitution, the legislative power of Parliament shall be exercisable by Bills."
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3 Feb 2009 in National Assembly:
In other words, that power is exercisable through Bills.
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3 Feb 2009 in National Assembly:
Mr. Deputy Speaker, Sir, you have absolutely no power to stop debate on this Bill from proceeding, unless by the exercise through the law. This House can refuse to pass this Bill, because hon. Members so wish, and not because Justice Waki sets up a time-table. No time-table exists in the Constitution. In fact, it cannot exist because Parliament cannot be given a time-table on when to pass
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3 Feb 2009 in National Assembly:
4622 PARLIAMENTARY DEBATES February 3, 2009
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3 Feb 2009 in National Assembly:
Bills; not by Justice Waki, not by the Hague, and not by The Hon. (Dr.) Kofi Annan.
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3 Feb 2009 in National Assembly:
Absolutely! We, indeed, adopted the Report!
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3 Feb 2009 in National Assembly:
Mr. Deputy Speaker, Sir, in equity, we say you must come with clean hands. Mr. Imanyara, by exercising the powers given to him, as an hon. Member of this House, and by using the Standing Orders of this House, stopped debate of this Bill in its first stage. He must, therefore, be stopped from coming round and saying, because of that delay, we are now out of order, and we must stop this process.
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3 Feb 2009 in National Assembly:
I completely agree with one part of argument - that, indeed, this is a debating Chamber, and that Parliament must be given the absolute best time possible for debate to be undertaken, so that people can express their different view points, for proposed laws to be amended. Parliament still has those powers. The Bill seeking to establish a tribunal is not cast on stone. Parliament can amend it. Parliament can even refuse to pass it. However, we should not be told to stop this process, because there is a proposal in the Waki Report.
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3 Feb 2009 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, finally, the International Criminal Court (ICC) does not take direction from this House, or from Justice Waki. The prosecutor of the ICC may decide to go ahead with prosecutions, irrespective of whether we go ahead to pass this Bill to create a tribunal or not. Essentially, the ICC will possibly not go ahead and carry out prosecutions, if we can do this well and better. The whole idea of setting up the ICC was to deal with crimes against humanity or genocide when the nations that have the first jurisdiction are unable or unwilling or ...
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3 Feb 2009 in National Assembly:
Mr. Deputy Speaker, Sir, in conclusion, I honestly believe that you absolutely have no power to stop this debate at this point.
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