12 Mar 2025 in Senate:
Where do we go? We need to pump some sense to our governors. You cannot overtax Kenyans. In Nairobi, we have retirees in Kilimani who used to pay rates of Kshs7,000. Now, the demand note for this year is over Kshs50,000. Where do these Kenyans go? The unfortunate thing is that you are taxing Kenyans without provision of services. If you ask the retirees, they have never known anything called garbage collection by the Nairobi City County Government. They buy bottled water to drink. There are no train services from where they live to town. Go to Gikomba Market and ...
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12 Mar 2025 in Senate:
Mr. Speaker, Sir, just one minute.
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12 Mar 2025 in Senate:
Mr. Speaker, Sir, I plead that the committee relook into this matter and take it seriously. Even if it means us looking for legislative intervention. We must do something to intervene. Over taxation can create a revolution. If you tax Kenyans beyond what they have in their pockets, you will be courting a revolution. Let us be sensitive on issues dealing with taxation. Let us not overtax Kenyans. Let us be fair, sensitive and considerate on our taxation. Mr. Speaker, Sir, my President, William Ruto, should know that the buck will stop with him. The cry of Kenyans will be ...
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12 Mar 2025 in Senate:
Thank you, Mr. Speaker, Sir, for allowing me to also contribute to this Motion that supports full implementation of the NADCO Report. While contributing, once again, I want to thank my colleagues who gave me the privilege to serve as a Member of the NADCO team. I was sent a video from Nyamira showing that I visited the State House today in the company of the former Vice President, Hon. Kalonzo Musyoka. However, that is a video that was captured when we presented the National Dialogue Committee (NADCO) Report to His Excellency the President, sometimes last year. So, I would ...
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12 Mar 2025 in Senate:
Mr. Temporary Speaker, Sir, secondly, if you permit me, I would like to inform my good friend Sen. (Dr.) Khalwale that the comment he has made, that there are Clauses in our Constitution that cannot be amended, is not true. The basic structure principle in the Constitution was developed in 1973 by the Supreme Court of India. When the Supreme Court made a finding to the effect that in view of the provisions of Article 368 of the Indian Constitution, there are clauses in the Indian Constitution that cannot be amended by Parliament because they form the basic structure of ...
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12 Mar 2025 in Senate:
Mr. Temporary Speaker, Sir, this is the only occasion where the Sen. (Dr.) Khalwale can benefit from my advice without me sending him a fee note.
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12 Mar 2025 in Senate:
What else? There are two ways that amendments can be made to our 2010 Constitution. If you move any amendment that touches on the protected Clauses in Article 255, then you must have a referendum for the people of Kenya to affirm or reject that amendment. So, Mr. Temporary Speaker, Sir, if you permit me, I can read- “A proposed amendment to this Constitution shall be enacted in accordance with Articles 256 or 257 and approved in accordance with Clause 2 by a referendum. If the amendment relates to any of the following matters:- a) the supremacy of this Constitution; ...
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12 Mar 2025 in Senate:
So, we need to make clear to Sen. (Dr.) Khalwale that, in India, what is in Article 368 of the Indian Constitution, at least going by the Supreme Court's ruling in the Supreme Court of India in 1973, in their Constitution, you cannot do any amendments touching on for instance Clause 25(A) on the supremacy of the Constitution. However, I think the finding of the Supreme Court is that the only protection that Kenyans have been given is to protect certain Articles to be amended only subject to a referendum, whereof you must get the approval of Kenyans. It is ...
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12 Mar 2025 in Senate:
Mr. Temporary Speaker, Sir, the House of Representatives in the USA serves for two years and their Senators serve for six years. Again, they use the same model. You protect the Senate by ensuring that not all Senators exit in an election because you need institutional memory. If you go to Japan, it is even more conscious on protecting the Senate. They call it the House of Councillors. The Upper House, with 265 Members. In Japan, if the House is dissolved because there is a vote of no confidence against the Prime Minister, only the House of Representatives goes home. ...
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12 Mar 2025 in Senate:
There, the mandate is very clear. It is donated to that House called the National Assembly in 250 (2)(b). However, if you read the one, I have just read; 249(3), it uses the word ‘Parliament’. Mr. Temporary Speaker, Sir, let our brothers in the National Assembly appreciate that this Constitution gives us shared mandates. There is mandate that is reserved for the National Assembly and there is mandate that is shared by the two Houses. Permit me to say something about this issue of gender. Firstly, at NADCO we never dealt with the issue of gender. It was isolated to ...
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