16 Dec 2010 in National Assembly:
On a point of order, Mr. Deputy Speaker, Sir. I rise on a point that this Motion that has just been read to the House is contrary to the Constitution. It is unconstitutional and we cannot---
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16 Dec 2010 in National Assembly:
Mr. Deputy Speaker, Sir, I want to thank the Prime Minister. Indeed, this is what we wanted to hear yesterday. But he did not go far enough and this is where we want him to come clear on the position of the Government in terms of how we should go forward as a country. He has given us four clear options. But he has not stated
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16 Dec 2010 in National Assembly:
On a point of order, Mr. Deputy Speaker, Sir. I rise on a point of order to seek your direction and guidance that this Motion before the House is unconstitutional. It breaches the provisions of the Constitution that we have sworn ourselves to uphold and we took the oath as a Parliament to uphold. I would want you to rule that this Motion is unconstitutional and, therefore, we cannot debate it until you give us further directions. Mr. Deputy Speaker, Sir, the first point I would like to draw to the attention of the House in my submission is Section ...
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16 Dec 2010 in National Assembly:
Secondly, Mr. Deputy Speaker---
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16 Dec 2010 in National Assembly:
Secondly, Section 2(6) of the Constitution again says that any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution, effectively meaning that the day we promulgated our Constitution, all the treaties that we had signed including the Rome Statute formed part and parcel of our Constitution. Mr. Deputy Speaker, Sir, in view of the fact that the Rome Statute is part of our Constitution, how can we withdraw from substantive law through a Motion in this House? We cannot amend this Constitution through a Motion. We cannot amend the law of this ...
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16 Dec 2010 in National Assembly:
I want to state further that unless the notification specifies a later date, subsection (2) says: “a state shall not be discharged by reason of its withdrawal from the obligations arising from this statute while it was a party to the statutes including any financial obligations which may have accrued, its withdrawal shall not effect any co- operation with the court in connection with criminal investigations and proceedings in relation to which the withdrawing state has a duty to co-operate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any ...
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16 Dec 2010 in National Assembly:
Mr. Deputy Speaker, Sir, there is a law in this country; there is a Constitution in this country. We are all of us aware about the rules that we must follow to amend the Constitution. We are all aware about the rules under which we must follow to amend the Constitution. We are all aware about the rules under which we must follow to amend any law that we have signed. I invite you to find that this is, first of, all the wrong procedure. It is contrary to the Constitution and the House cannot be allowed to debate or ...
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16 Dec 2010 in National Assembly:
On a point of order, Mr. Deputy Speaker, Sir. The Statement that we sought was not restricted to just the question of payment. The HANSARD will bear me out. The main issue was the utilization of the emblem of the Coat of Arms. I want to draw the attention of the House to the fact that the National Flag, Emblems and Names Act, Cap 99 of the Laws of Kenya makes it very clear. Indeed, the Constitution that we passed makes it very clear under Section 9 (2) that these are national emblems that cannot be utilized in the manner ...
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15 Dec 2010 in National Assembly:
On a point of order, Mr. Deputy Speaker, Sir. Further to the flagrant breach of Standing Order No.40, the country is worried that senior serving Government officials are still holding positions when they are suspects, and the whole world knows it. They are not under ordinary crime investigation, but they are suspected of international crimes. We would want the Prime Minister to come and tell us whether he is still willing to co-ordinate the functions of Government, which has Ministers and a Head of Public Service who are suspected of committing international crimes. I request that the Prime Minister be ...
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15 Dec 2010 in National Assembly:
On a point of order, Mr. Deputy Speaker, Sir. The Vice- President has spoken very well but he has not given this House a firm commitment that the Government will give a proper Statement here. We want a direction to that effect.
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