Erick Okong'o Mogeni

All parliamentary appearances

Entries 1781 to 1790 of 2536.

• 29 Apr 2021 in Senate: The IEBC told us that under the provisions of Article 88 (4) and Article 89 (5) and (&), they are the only ones that have the constitutional mandate of delimitation of boundaries. Even then, they told us that they only do so after they have accorded an opportunity to all Kenyans to make their views on those constituencies. view
• 29 Apr 2021 in Senate: They also told us that even after the exercise has been concluded, invoking the provisions of Article 89 (10), they still must give another leeway for any dissatisfied Kenyan to go to court and challenge that process. The Judiciary is given a period of three months to resolve that dispute. The IEBC told us that what is provided in the Second Schedule, which gives them a period of six months to undertake that process, is not practically possible. view
• 29 Apr 2021 in Senate: Taking into account all those provisions and the fact that a Schedule cannot purport to amend substantive provisions of the Constitution, the Committee arrived at a finding, which is in this Report, that the Second Schedule that proposes to allocate constituencies to 28 counties and leave out 19 is unconstitutional and of no effect. view
• 29 Apr 2021 in Senate: The question then arises: With all these problems, what must we do as a House? When I read the American history, there are two ways you can interpret the Constitution. You can choose to interpret the Constitution in so much a restrictive manner that this House will more or less be moribund. You can also interpret this Constitution in a manner that is so liberal that you are able to achieve two purposes. One, you are able to correct some of the mistakes that this Report has pointed out to the House. Two, you could raise your hands and say: ... view
• 29 Apr 2021 in Senate: If you read Article 1 on the supremacy of the people, it says: “All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.” If you invoke Article 94, you are not interfering with the supremacy of the people of Kenya. You are acting in accordance with this Constitution. view
• 29 Apr 2021 in Senate: Mr. Speaker, Sir, I want to appeal to the House to correct the errors that are appearing on this Bill before it is released to Kenyans for voting. It will be very undesirable for the National Assembly to pass a Bill with clauses that differ from this House before we do the corrections. With those remarks, I move. view
• 29 Apr 2021 in Senate: Mr. Speaker, Sir, I rarely raise points of order. However, I cannot remain on my seat when Sen. Sakaja wants to mislead the entire country. May I refer my friend, the Senator for Nairobi City County, to the provisions of Article 10 of the Constitution which has the national values and principles of governance. Article 10(2)(a) says: “The national values and principles of governance include— (a) Patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people.” view
• 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. view
• 29 Apr 2021 in Senate: I want to underline the last one on participation of the people. Now, Article 10(1)(b) – that is very important, Sen. Sakaja – says: “The national values and principles of governance in this article bind all State organs, State officers, public officers and all persons whenever any of them – ( b ) enacts, applies or interprets any law” The other one is if you are implementing any public policy decisions, you must have public participation. view
• 29 Apr 2021 in Senate: Madam Temporary Speaker, I watched the Senator for Kiambu County, who is my good friend, on a show on Citizen Television this morning. He was misleading 48 million Kenyans on the provisions of the Constitution. However, we will not allow him to mislead the House. If Sen. Wamatangi has ever read this Constitution and I believe he has, he can go to Article 88(4) (c). It says that the function of the IEBC will be for delimitation of view