19 Feb 2014 in National Assembly:
On this point I want to congratulate my brother, hon. Sakaja for proposing these amendments to the Public Procurement and Disposal Act. The main reason why I want to speak today is because I want to bring to the attention of my brother and the House that as we move ahead to debate these amendments, we must take cognizance of the Constitution. We do not want to pass legislation here which may run into constitutional challenges and face hindrance. As we do this, we should be careful about what the Constitution provides specifically under Article 24 which provides that there ...
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19 Feb 2014 in National Assembly:
We should also pay special attention to Article 27, which talks about matters of discrimination on account of age and gender.
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19 Feb 2014 in National Assembly:
We should also take cognizance of the possible infringement of Articles 40, 41, 43 and 47 of the Constitution which provide for fair and just administrative action. I am not saying this because I want to make a mockery of these good proposals that have been made; I just want us to make sure that we anchor these amendments in the Constitution. I am saying this recognizing that Articles 35 and 227 of the Constitution provide that the Government and this House may take affirmative action to remedy a situation that has attracted Government action.
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19 Feb 2014 in National Assembly:
I have spoken to the Seconder of this Bill and we should include these provisions in the amendments. In the preamble to this Act, we should make it very clear that we are taking affirmative---
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19 Feb 2014 in National Assembly:
Thank you, hon. Deputy Speaker, for bringing that to his attention.
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19 Feb 2014 in National Assembly:
I think it is important because we have seen a situation in this country where all the laws that we pass in this House are scrutinized and cases filed in court with the intention of having them declared unconstitutional. We should not let this noble effort run into such hindrance. We do this by providing in the preamble of the Bill that we are specifically taking affirmative action as envisaged within the Constitution. If we prescribe that there shall be a specific procurement quota set aside for the youth, we run the risk of somebody running to court and saying ...
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19 Feb 2014 in National Assembly:
to consult the Attorney-General about, so that we do not run into the problem of definition and have somebody hampering the implementation of these good proposals. With those few remarks, I want to say that I support this noble effort. We just need to make sure that it is not nipped in the bud. Thank you very much for giving me a chance.
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19 Feb 2014 in National Assembly:
Thank you, hon. Speaker, for giving me a chance to speak on this very important issue that is facing our nation today, and at this important time. I want to join hands with my brothers who have spoken before me. It is important for us to look at the Constitution, and exercise our roles in this great Republic with respect to it. The Constitution is clear that we have a legislature, which is the manifestation of the wishes of Kenya and which legislates for Kenyans. If we are going to cede the role of legislation to the courts in this ...
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19 Feb 2014 in National Assembly:
Having heard what your predecessor, hon. Marende said, he determined this matter in line with the common practice in the Commonwealth and worldwide. I want to add my voice and say that the courts must not hobble the business of Parliament in legislating. We must put out a very clear voice, and say that Parliament must legislate. Let the courts interpret the law that has come from these Houses, but should not legislate; that must remain for us.
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19 Feb 2014 in National Assembly:
My brothers have spoken to the very clear provisions of Article 95 and 96(3) of the Constitution; they give the mandate to the Senate to determine and interrogate matters concerning finances that are sent to our counties. I do not think that needs a lot of intellectual interpretation for the courts to see; these are the wishes of the people. If we move on this way, we may be forced - with respect to your directions that we should not name these judges - to come up with a particular Motion to name these judges, discuss, call them here and ...
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