Augostinho Neto Oyugi

All parliamentary appearances

Entries 751 to 760 of 895.

• 19 Feb 2014 in National Assembly: Thank you, hon. Speaker. I would like to support you in making a ruling that courts of law are out of order when they issue injunctions against Houses of Parliament. 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. view
• 19 Feb 2014 in National Assembly: I would like to make a couple of preliminary remarks before giving you, perhaps, my line of thought on this matter. One, I am not sure if we can extrapolate Article 96(1) of the Constitution. I know my hon. colleagues are showing solidarity with the House of Senate. Our oversight role is very express, as the National Assembly. This is because Article 95(3) does create our oversight role is very express terms; it says that the National Assembly exercises oversight over national revenue and its expenditure. I am not so sure if the same could be said of Article 96(1) ... view
• 19 Feb 2014 in National Assembly: unlawful, or unconstitutional and then review them. This is why I would like to speak to the second limb, which is: When are injunctions issued or when would conservatory orders be issued? The principles of law are very clear. You can only issue a conservatory order or an injunction when there is necessity. The second bit is that you can issue an injunction or a conservatory order when there is irreparable injury to the rights of a person. You have already spoken very well to the issue of the hon. Member for Matungulu. At that particular point, the udiciary was ... view
• 19 Feb 2014 in National Assembly: even issue injunctions, whereas it was apparent that irreparable damage would have been done. The third point at which courts issue injunctions is whenever there is irreparable hurt that cannot be cured by damages or pecuniary compensation. So, in all these instances where the courts have purported to issue injunctions, I think they are moments when the principles of law did not anticipate that injunctions shall issue. So, yes, it is true that it is pointless to have a Constitution without the principles of constitutionalism. We must be people who believe and appreciate the Constitution. We can, therefore, not quote ... view
• 13 Feb 2014 in National Assembly: Hon. Temporary Deputy Speaker, I will sufficiently prosecute my points--- view
• 13 Feb 2014 in National Assembly: Thank you, hon. Temporary Deputy Speaker. First, I would like to mention the fact that I am a Member of the Departmental Committee on Justice and Legal Affairs. Consequently, I will support this Bill because I think it is good. It is a Bill that is timely. view
• 13 Feb 2014 in National Assembly: The second thing is that I would like to congratulate the members of the Society who were recently elected. One of the reasons I am supporting this particular Bill is because the elections of the LSK have been engrained in Clause 20 of the Bill, which makes the elections to be conducted by the IEBC, which is a better improvement from the earlier days where ballots would be posted and things like those. If we are talking about credible elections of the LSK it is because, I think for the first time, IEBC had to conduct these elections. I read ... view
• 13 Feb 2014 in National Assembly: Hon. Temporary Deputy Speaker, now that the IEBC will be helping the LSK to conduct elections, I think the LSK also needs to move fast to have an electoral code of conduct to help them during the conduct of the campaigns and the elections. What we watched during the debate on the members of Judicial Service Commission (JSC) and members of the LSK Council, some of it, perhaps, is not what you would expect of the legal profession. The legal profession to which I belong is supposed to be one that shows honour, dignity and it is supposed to drive ... view
• 13 Feb 2014 in National Assembly: Hon. Temporary Deputy Speaker, of course, the IEBC has been congratulated for conducting very good elections, especially when they are small elections; like in the manner of LSK or small by-elections. They have always been very good, but it looks like it is always overwhelmed whenever there is a general election. Of course, one of the ways of moving forward - I am sure that hon. Alice Wahome is in agreement – is that we need to reform the Commission, perhaps, make it leaner because in other jurisdictions we have had leaner commissions that have also conducted very good elections. ... view
• 13 Feb 2014 in National Assembly: Hon. Temporary Deputy Speaker, the reasons why I am really excited about this particular Bill is because of the membership. Section 8 and 10 gives membership of the LSK to those who are non-practising. Some of us are really scared of holding files in court for a long time and consequently, did not have to chase for the practising licence. But these particular sections which make non-practising lawyers members of the LSK are very good. If the LSK was to assist the Government in matters relating to legislation, the administration of justice and the practice of law in Kenya, you ... view