21 Jul 2016 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker for this chance to speak on this Bill. I would like to acknowledge that I am a Member of the Departmental Committee on Justice and Legal Affairs. Ordinarily, I would not have been opposing this Bill but the time when this Bill was being discussed, I stood de-whipped for various reasons. Consequently I oppose the Bill because my views were not captured at that particular period.
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21 Jul 2016 in National Assembly:
Hon. Temporary Deputy Speaker, first, let us appreciate that this is a Bill that is timely. It is responding to a lacuna in the law that is required and needed. I do not agree with a couple of things that are in the Bill. I shall be speaking to them as I point them out and also in terms of timing.
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21 Jul 2016 in National Assembly:
First, let me say what I agree with in this Bill and my colleagues have already spoken to. It is important to have part time commissioners. As a Member of the Departmental Committee on Justice and Legal Affairs, I have engaged with a number of commissioners who supervised various secretariats. Permanent commissioners have a way of interfering with the secretariats of the various organisations that they run. A clear example is the Ethics and Anti-Corruption Commission (EACC). Most of its commissioners stumble around and consequently interfere with the work of the secretariat. Full time commissioners of the IEBC end up ...
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21 Jul 2016 in National Assembly:
There are two reasons why I am opposing this Bill. First, is in terms of the structure and tenure of the select committee. Seven members in the select committee are too many. Secondly, the process of having the PSC nominate three other people to the select committee is in itself already tilting the scale as Hon. Midiwo has said. I think, maybe, we should end up with a selection panel of five persons. Whereas the Majority party nominates two and the Minority Party nominate two persons, one could come from organised civil society or the religious groups. That is one ...
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21 Jul 2016 in National Assembly:
I have listened to my colleagues say that if the Majority or the Minority Party nominates people to the select panel it does not make them independent. That is far from the truth. If you look at Article 215 of the Constitution, you will find that it establishes the Commission on Revenue Allocation (CRA). I would like to point it that the CRA is also independent. However, Article 215 says how these commissioners are brought into office. Article 215(2) of the Constitution says:- “(b) two persons nominated by the political parties represented in the National Assembly according to their proportion ...
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21 Jul 2016 in National Assembly:
It is true, for example, that an independent commission can have its members appointed or represent political parties. However, that does not take away their independence. What is The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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21 Jul 2016 in National Assembly:
independence? Independence, for example, does not mean that I do not belong to a political party. Independence is in the spirit of I, for example, conduct the business and the affairs of the Committee or commission I belong to. It is not fair to say that if, for example, the Majority Party and the Minority Party nominate two members each that will interfere with independence. That is not true. The Constitution has already set precedence under Article 215 in the manner of appointing the Commissioners of CRA. It is still possible to have the Majority Party and the Minority Party ...
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21 Jul 2016 in National Assembly:
The second issue I would like to speak to is with regard to something my colleagues have spoken to; the existence of a select committee versus the spirit of what is in the Departmental Committee on Justice and Legal Affairs. Article 124 of the Constitution says that Parliament may establish Committees and shall make Standing Orders for the orderly conduct of its proceedings. The Departmental Committee on Justice and Legal Affairs is a creation of the standing orders which is also a creation of Article 124 of the Constitution. Article 124(2) of the Constitution also says that Parliament may establish ...
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21 Jul 2016 in National Assembly:
How do you proceed? We ought to proceed in a manner that, for example, as a country, we agree that our country needs robust and overall electoral reforms. Can we achieve it in this Bill my Committee has brought? I think it is not. In an orderly manner, we should have only waited for the Joint Parliamentary select Committee of the Senate and the National Assembly to give us a proper roadmap in terms of how to proceed with the electoral reforms issues.
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21 Jul 2016 in National Assembly:
I appreciate the Leader of the Majority Party and the House Business Committee for having said that all legislation will be stood down. It is then a waste of parliamentary time for us to engage in legislation that we might not actually engage with if at all we get a different or a counter proposal.
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