29 Apr 2021 in Senate:
Mr. Speaker, Sir, the current position is that you cannot suspend a judge of the High Court, Court of Appeal or the Supreme Court before the JSC has recommended to the President the setting up of a Tribunal to look into the conduct of a judge of a superior court.
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29 Apr 2021 in Senate:
The clause that the Committee has an issue with is what is contained in Clause 43, whereby it is proposed that just by the mere receiving of a complaint, before that complaint is looked at, and determination made, that a tribunal should be formed to look into the conduct of the judges, the JSC can suspend a judge and later on say: “We have looked at the complaint and we have found it unmerited. You are free to go back and perform the functions of your office.” What we are saying as a Committee is that this will be a ...
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, we also looked at Article 203. On this particular one, there is a proposed amendment to this Constitution in Clause 50, where there is a new clause (n). I will read that clause to the House. It states-
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29 Apr 2021 in Senate:
“Article 203 of the Constitution is amended- (a) In Clause 91) by inserting the following new paragraph immediately after paragraph (k)
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29 Apr 2021 in Senate:
The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.
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29 Apr 2021 in Senate:
“to ensure that the average amount of money allocated per person to a county with the highest allocation does not exceed three times the average amount per person allocated to a county with the lowest allocation.”
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, if you look at the findings of the Committee, and this is at page 166 of the Report, we have analysed this provision vis-à-vis Article 217 of the Constitution, which provides that in every five years the Senate will come up with a resolution to determine the basis for allocating money among counties. We had a simulation that was done to us by the Parliamentary Budget Office (PBO). If we were to apply that new clause, 50(n), there are a number of counties that will automatically be disadvantaged. Tana River County, for example, will immediately lose Kshs2.3 ...
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, when we looked at all these factors and considering that the fact that the last resolution that was passed by this House stated clearly that no county should be allowed to lose money, we made a conclusion that this proposed Article 203(n) will be in clear conflict with the provisions of Article 217 of the Constitution. We said that should this Bill pass, the Executive and Parliament will be called upon to put mechanisms that will ensure that no county is disadvantaged. We made a conclusion that, that Article in our opinion, is problematic, undesirable and that, ...
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, the other Clause that we looked at is on the proposed amendments to Article 230. This is the one that deals with the Salaries and Remuneration Commission (SRC). This is reflected in Clause 61 of the Bill. If you look at the current architecture of Article 230 of the current Constitution, the composition of SRC includes one representative of the Parliamentary Service Commission, one representative of the Public Service Commission, one representative of Judicial Service Commission, one representative of the Teachers Service Commission, the National Police Service. Then, the Senate picks one representative on behalf of the ...
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, having listened to the stakeholders – I must say that one of the stakeholders was Sen. Kasanga, who appeared before us – an issue arose that this
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