13 Oct 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. You notice you have just had a Small Claims Court right therein. This is a progressive Bill. Clause 34 speaks volumes on this Bill because it says the matters should be dealt with expeditiously and, hopefully, they should be finished within a day. If we are dealing with small issues and small claims, there cannot be a better progressive clause as Clause 34. I would be speaking to the Bill chronologically but I am running out of time, and I do not intend to contribute to this debate after the close of business. There ...
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13 Oct 2015 in National Assembly:
Hon. Temporary Deputy Speaker, I can bring a small claim case to your court so that we can articulate the matter between me and Hon. Tiya Galgalo. This is because I was not actually out of order. Clause 23 talks about procedure and how to bring in authenticated documents on claims being made. This takes away the ease with which the small claims courts ought to work. We have said very good things about the exclusion of the rule of evidence. There is a clause which talks about not having rules of evidence in the small claim courts. It makes ...
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7 Oct 2015 in National Assembly:
Thank you very much, Hon. Temporary Deputy Chairman. Even though I support Hon. Sakaja’s amendment, we also need to have a distinct discourse between what ought to go and what ought not to go to the Senate. Everything else that talks about the county government is not necessarily a Senate function. It has been misinterpreted that each time you mention the word “county” there is a presupposition that you are talking about a delegated function. That is not the position. I support his amendment if at all it is going to save us the pain of going to the Senate ...
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7 Oct 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Chairman. I was not on a point of order. I wanted to inform the Hon. Member for Kibwezi East Constituency.
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7 Oct 2015 in National Assembly:
I thought she needed information because if she looks at the Order Paper, there is a very good chronology and the title of the Bill is going to be amended in due course.
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26 Aug 2015 in National Assembly:
Thank you, hon. Temporary Deputy Speaker. I would like to support this particular Bill. It has a couple of very interesting components. Whereas many MPs have lauded the definition under Clause 3 of the precincts of Parliament, I really have issues with Clause 3 (d), which makes the offices of Parliament, including places where Members sit, to be precincts of Parliament. That would give us a lot of latitude as MPs to do whatever we do in the name of the precincts of Parliament. It is a Clause that really needs to be looked into and thought through. Whereas Parliament ...
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26 Aug 2015 in National Assembly:
no one will know what you will do there. You will sound like a mad person. The right to picket, which is a constitutional right, ought to be respected. I really think that that cannot be limited in that particular manner that the Member has suggested. The other Clause is 6 (2) which speak to the limitation of rights. In fact, this has gone through the whole of this Bill.
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26 Aug 2015 in National Assembly:
This Bill seeks to limit various Articles of the Constitution in a manner that is so general. If you look at Article 25 of the Constitution, it allows for the limitation of rights and speaks to the fact that you must specify the part of the right that you want to limit. That limitation ought not to be the core content of that drive. I think there is an omnibus flow through the Bill that talks about Article 48 and 50 of the Constitution are thus limited. That particular omnibus is an infringement; it is not what the Constitution anticipates.
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26 Aug 2015 in National Assembly:
Hon. Temporary Deputy Speaker, the other thing which I have spoken to and which was shown properly under clause 8 is this: The power is given to the Speaker to limit the sections and parts of Parliament where you can picket or present Petitions. That cardinal rule of fundamental right is allowed so long as it does not infringe on peoples duties and rights. That cannot be taken away.
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26 Aug 2015 in National Assembly:
Hon. Gichigi has spoken to Clause 10. What the hon. Member seeks in Clause 10 is to ouster a constitutional provision Article 103 by dint of a statute. I am not sure that is practically possible. Even though we want to ouster several things, I am not so sure you can do that by dint of statute in the manner that he proposes to do.
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