Erick Okong'o Mogeni

All parliamentary appearances

Entries 1801 to 1810 of 2536.

• 28 Apr 2021 in Senate: Madam Deputy Speaker, I want to begin with the issue of Article 257 of the Constitution. The Committee took note of the fact that this is the very first time that this House is being called upon to midwife a Bill by a popular initiative by the people of this great Republic. So far, we do not have any legislation guiding Members on how this matter should be dealt with. In fact, you saw the confusion that we had this morning, when we were forced to adjourn the deliberations of the House, to enable Members get copies of this Report ... view
• 28 Apr 2021 in Senate: We arrived at a conclusion that going forward, there is need for us to pass our legislation that will clearly guide this process. Madam Deputy Speaker, the second observation made by the Committee is that there are instances – as we have done in this particular case – where this House may come to the conclusion that some proposed amendments to the Constitution may be unconstitutional. That is what we termed in the Report as unconstitutional constitutional amendments. We had a long debate on this. The stakeholders who appeared before us, including Katiba Institute, the President of the Law Society ... view
• 28 Apr 2021 in Senate: “The essential pre-condition for a referendum that is initiated by the people themselves is that it must go against the wishes of either the Government or Parliament.” Those are the characteristics of a popular initiative. As we process this Bill, therefore, let us bear in mind that this is a Bill that is being promoted by the citizens themselves. The people who appeared before us made very strong observations, that in such a Bill, the Government should not expend money in promoting it and that that should purely be a task undertaken by the people of Kenya. Going back to ... view
• 28 Apr 2021 in Senate: The Senate has got no power to summon the Prime Minister to appear before this House and answer any questions on behalf of the Government. We also found it to be a bit quire that the impeachment of the Prime Minister will be dealt with to conclusion by the National Assembly unlike the case for the President and the Deputy President which starts from the National Assembly but finds its way to the Senate. Therefore, we have made a strong observation that there is a sustained campaign by some people to weaken the powers of the Senate. We have proposed ... view
• 28 Apr 2021 in Senate: election violence in 2007 is because Kenyans had lost confidence in the institution of the Judiciary. We also looked at the best international standards including the Latimer House principles on the independence of the Judiciary. We took issue with this Clause. I wish to read. Clause 172(c) (a) says that Judicial Service Commission (JSC) will receive complains against judges, investigate them and then discipline judges by warning, reprimanding and suspending them. We took very strong exception on this Clause and our report has made a pronouncement that this particular Clause should be termed unconstitutional and if we had powers, it ... view
• 28 Apr 2021 in Senate: Thank you, Madam Deputy Speaker. First, I started by giving the first answer to the questions being asked by Sen. Wetangula in that there was a finding, and I am answering both Sen. Wamatangi and Sen. Wetangula that once the Committee made a finding that this is a popular initiative under Article 257. I did state that we are of the view that we can amend issues of form but not substance which will take away the wishes of the people of Kenya. That is the first solution. view
• 28 Apr 2021 in Senate: The second solution is that this report has arrived at a finding that clauses that are unconstitutional can be subjected to litigation in a court of law to declare them as being unconstitutional. The third one, Madam Deputy Speaker, if you read the recommendations of the Committee--- view
• 28 Apr 2021 in Senate: Madam Deputy Speaker, I want to refer Members to the observation on the area I was on, on the independence of the Judiciary. If you look at paragraph 67, this is the recommendation that the Committee has made to the House. This can be found at page 168, and I wish to read if you permit me. view
• 28 Apr 2021 in Senate: “The Committee found that the proposed amendments to Article 172 is a claw back provision in light of the current provisions on the Judiciary particularly those that guarantee the independence of the Judiciary and also provides security of tenure for the judges. For these reasons, the Committee found that the proposed amendment to Article 172 is unconstitutional and will require urgent reconsideration at the appropriate time.” view
• 28 Apr 2021 in Senate: That is the proposal of the Committee. view