14 Dec 2011 in National Assembly:
On a point of order, Mr. Temporary Deputy Speaker, Sir. I am also rising on a point of order on the same matter. I was inviting your ruling to find that it is not available to the President at this point for him to propose amendment to the law because he is guilty of laxious. I am looking at the Sixth Schedule to the Kenya Constitution and Section 3 talks about the extension of applications of provisions of the former Constitution. The provisions that relate to the making of legislation, the Memorandum that the President can make to return a ...
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14 Dec 2011 in National Assembly:
“Where the President refuses to assent to a Bill, he shall (therefore it is mandatory) within 14 days of the refusal, submit a memorandum to the Speaker indicating the specific provisions of the Bill which, in his opinion, should be reconsidered by the National Assembly, including his recommendations for amendments.”
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14 Dec 2011 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, it is, therefore, only available to the President in mandatory terms for him to bring any amendment to law that has been passed in this House; that he makes those suggestions within a period of 14 days, that is, two weeks. Since the time this law was taken to the President for purposes of assent, it has spent well over eight months. It is obvious, therefore, in terms of constitutional application, that the Attorney-General cannot be heard to present this law before the House with a purported amendment. For that very simple reason, I would ...
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14 Dec 2011 in National Assembly:
For him to try and bring any amendment--- What is available to him is for him to bring a constitutional amendment to allow him power to amend a law after eight months of its submission to him. Obviously, he cannot muster the required majority in this House. This Parliament has said that we want that law repealed for obvious reasons stated by the honorable Affey.
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14 Dec 2011 in National Assembly:
Therefore, Mr. Temporary Deputy Speaker, Sir, so that we do not complicate and convolute this matter, I rise on this point of order to request the Chair’s ruling that this Order No.9 be referred back, and an order be made by the Chair that we do not go to the Committee of the Whole House, because we will be breaching our own Constitution, both the new and the old one. The Attorney-General be seized of this matter and advise the President to sign the Bill into law to avoid unnecessary confrontation with this Parliament.
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14 Dec 2011 in National Assembly:
This Parliament has made its decision. In fact, the Government side supported us when we moved this House. It is strange that the President suddenly has realized that there is a problem, and we wonder what the problem is. We have said we will not change. I urge that you do not allow the Committee of the Whole House to take place and you order the Attorney-General as I have prayed. I thank you, Mr. Temporary Deputy Speaker, Sir.
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14 Dec 2011 in National Assembly:
On a point of order, Mr. Temporary Deputy Speaker, Sir.
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14 Dec 2011 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, I have followed very carefully what the Attorney-General is trying to say. What he is avoiding to tell this House and the country is that in the exercise of that power--- Within the same Constitution, there is limitation and it was mandatory. The Constitution is mandatory. It states it in mandatory terms that the President shall, within 14 days – If he has any amendments to make at all – bring those amendments. Mr. Temporary Deputy Speaker, Sir, if the President brings them after eight months, the simple point that I am making, and I ...
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14 Dec 2011 in National Assembly:
On a point of order, Mr. Temporary Deputy Speaker, Sir. The Attorney-General is making a dangerous point. If he says that it was never the intention of the Standing Orders to abstruse the prerogative of the President, I want to remind the Chair that these Standing Orders are, in fact, grounded on the very Constitution that gives the power to the President to exercise his prerogative. So, the President must stand guided by the same Constitution that grounds our Standing Orders. Our Standing Orders are not statutory. They are based on the Constitution. So, their authority is as constitutional as ...
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13 Dec 2011 in National Assembly:
On a point of order
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