10 Feb 2009 in National Assembly:
With those few remarks, I beg to support.
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9 Feb 2009 in National Assembly:
Thank you, Madam Temporary Deputy Speaker. Without being repetitive, I want to directly ask the Minister that we go through the proposals I have. First of all, I want to comment on Clause 7 that says that we must have three members of the Board as non citizens, to be appointed in accordance with Clause 9(13). I oppose this clause because I think we have competent Kenyans who can do the job of being members of this Board who can carry out the vetting that is required. I will invite the Minister for Justice, National Cohesion and Constitutional Affairs to ...
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9 Feb 2009 in National Assembly:
Madam Temporary Deputy Speaker, one of the things in Chapter six talks about not having a bank account outside Kenya. Are you saying a man of such high standing who is going to be vetting our judges and is from, say, Zambia or some other country outside Kenya will be denied the opportunity to actually run his accounts outside Kenya? Can you see the absurdity of this? It also says amongst other things that he cannot have gainful employment. Which people are we looking for? These are not paupers! They are people who must have a standing where they come ...
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9 Feb 2009 in National Assembly:
Madam Temporary Deputy Speaker, Sir, I also want to make a quick point as my second point on Clause 9(5). This clause talks about the people who are to receive those applications. The point has been made about them being too heavy on the Executive and the Minister will need to look at that. At the end of it, it remembers that six shall be lawyers, but it does not remember the gender issue. I think the clause needs an additional sentencing of saying, for example, that a third of these shall be of either gender. I will also be ...
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9 Feb 2009 in National Assembly:
There is Clause 9(12) which is not a proposed amendment but an emphasis that in selection of this Board, the President and the Prime Minister must ensure that this Board reflects regional and ethnic diversity of the people of Kenya. The last appointees that were there clearly showed that there was a political arrangement of some big tribes and those tribes managed to get appointees in the last nominees which are having problems everywhere. We do not want this to be repeated â I am saying this to emphasize â the two principals must know that the Pokomos exist in ...
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9 Feb 2009 in National Assembly:
Madam Temporary Deputy Speaker, Sir, my third point is in relation to Clause 18(2(e). They set out what the procedures should be and they went out to talk a lot about what is expected of them. They said:- âIn considering the matters set out in subclause 1(a), 1 (b) ---â That is making the relevant consideration in the vetting. It talked about the professional competence, the written/oral communication and all these good things. But I have a problem with (e) where they are saying that when they are vetting these judges, they need to look at the temperaments of the ...
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9 Feb 2009 in National Assembly:
Madam Temporary Deputy Speaker, I also want to make one final proposal on Clause 19(7). This is a vetting procedure and we are saying that the judges who are going to come to the Board for purposes of vetting are entitled to legal representation at their own cost. What are we saying? We are saying that every judge, therefore, will be coming to the Board with a lawyer. With due respect to my profession, I know that they will cause so much trouble. We want to do this thing in one year. So, if someone is good, he can be ...
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9 Feb 2009 in National Assembly:
Madam Temporary Deputy Speaker, I also have a problem with Clause 26 which says that the expenses and allowances for these Board Members, after we have chosen them, are going to be determined by the Minister in charge of Finance in consultation with the Committee the National Assembly designated for that purpose. I have been in Committees of the House and feel that this is an unnecessary delay. I think we need to get these bottlenecks that can take time out of the way. We all know that the civil service has a way of grading and graduating commissions. So, ...
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9 Feb 2009 in National Assembly:
Madam Temporary Deputy Speaker, I also want to take issue with Clause 28. I am wondering how you would charge these expenses directly to the Consolidated Fund from an Act of Parliament without further appropriations. We know that it is those constitutional commissions that have that kind of privilege. You cannot say that every commission or board that we set up will be a charge to the Consolidated Fund. How do we organize finances? I think we should be predictable. We know that the Judiciary itself will be charging directly. We also know that Parliament itself will be charging directly. ...
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9 Feb 2009 in National Assembly:
Madam Temporary Deputy Speaker, finally, under Clause 26, the Board and its members will be going against the Constitution if they are allowed to negotiate their salaries, because we have the Salaries and Remuneration Commission that we are going to set up. If the Salaries and Remuneration Commission says that there will be standard salaries for all Commissions, how then does that fit if they have negotiated themselves into being paid Kshs1 million every month? I think this clause should also go, so that they come into Government service. After all, one of the requirements is that they should demonstrate ...
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