1 Sep 2021 in National Assembly:
Hon. Speaker, I beg to lay the following Paper on the Table of the House today, Wednesday, 1stSeptember 2021, in the Morning Sitting: Report of the Departmental Committee on Justice and Legal Affairs on the Approval Hearings for Appointment of Ms. Juliana Whonge Cherera, Mr. Francis Mathenge Wanderi, Ms. Irene Cherop Masit and Mr. Justus Abonyo Nyang’aya as Members of the Independent Electoral and Boundaries Commission (IEBC). Thank you.
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1 Sep 2021 in National Assembly:
I apologise, Hon. Speaker. Hon. Speaker, I beg to give notice of the following Motion: THAT, taking into consideration the findings of the Departmental Committee on Justice and Legal Affairs in its Report on the Approval Hearing for Appointment of Ms. Juliana Whonge Cherera, Mr. Francis Mathenge Wanderi, Ms. Irene Cherop Masit and Mr. Justus Abonyo Nyang’aya as Members of the Independent Electoral and Boundaries Commission, laid on the Table of the House on Wednesday, 1stSeptemberr 2021, and pursuant to the provisions of Article 250(2)(b) of the Constitution, Section 7A of the Independent Electoral and Boundaries Commission Act, 2011, and ...
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1 Sep 2021 in National Assembly:
I thank the ranking Member for raising this matter. He came earlier but he did not give any hint that he had this weighty matter coming up.
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1 Sep 2021 in National Assembly:
Hon. Speaker, I agree with your sentiments, those of the Hon. Leader of the Majority Party and those of the Leader of the Minority Party. What is happening today is that the courts are invading on the powers of the Legislature. They have become rogue. One of the most learned 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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1 Sep 2021 in National Assembly:
Judges in the last century was Lord Denning, who is known all over the world. In his book titled:
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1 Sep 2021 in National Assembly:
... All his speeches became books but in The Last Word, he says the courts all the time should guard with a lot of circumspection any matters touching on Magna Carta and any matter touching on the liberty of the subject.
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1 Sep 2021 in National Assembly:
Another learned Judge was the Chief Justice of Uganda in the 1960’s, Sir Udo Udoma, a Ghanaian. He was called upon to interpret and declare the then government, “the Government of Obote” and not “the Government of Uganda.” One Legal Counsel called Abu Mayanja went to court in the matter of Abu Mayanja against Uganda. He asked the court to declare the then government “the Government of Obote” and not the “Government of Uganda after he overthrew the Kabaka with the assistance of Iddi Amin. The then Chief Justice said that he agreed with Abu Mayanja that the Government of ...
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1 Sep 2021 in National Assembly:
Why do I say they are wrong? It is because of matters to do with injunctions and conservatory orders. When they say that this House is no longer a House and shall be dissolved, what do they expect Kenyans to look up to? I have a lot of reservations with regard to the Independent Electoral and Boundaries Commission (IEBC). The judges have imported a doctrine that is not known to our Constitution and baptised it “basic structure doctrine.” Our Constitution does not recognise matters that Wanjiku has not specified in Article 1. I agree with you, Hon. Speaker, when you ...
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1 Sep 2021 in National Assembly:
According to Article 255, you must go to the people. This is the same thing they are saying. On one hand, they are telling us that Wanjiku had no rights under the Building Bridges Initiatives (BBI) to go to the people. What they are trying to do is what we call dis-appropriating and appropriating – approving in one hand and disapproving on the other hand. So, as you said, what they are saying is that you can eat your cake and still have it. That is what they are seeking. They are inviting us to a constitutional crisis. I think ...
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1 Sep 2021 in National Assembly:
My submission is that the sentiments expressed by the courts are hollow. They have no substance. We know our duty and any matters that we may not agree with in this House, cannot be left to the courts. The courts have their role to interpret the law as we legislate, not to make laws. By importing this doctrine here, I agree with you, they usurp our powers and become Parliament. They become Judiciary and Parliament. With time, they will become the Executive. In a way, if we find and when we go to the insights of these matters, we have ...
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