21 Feb 2023 in Senate:
If you read Standing Order No.103 - and I am happy that I am in this House with my colleague, Senior Counsel Sen. (Prof.) Tom Ojienda - it prescribes that even when there are proceedings that can be deemed to be sub judice, there is a way you bring those proceedings before the House. You are now talking about proceedings which have not been tabled in this House and we are debating a matter we do not know. I have not seen these proceedings and do not know who has filed them against who, but here we are debating. You ...
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19 Jan 2023 in Senate:
Mr. Temporary Chairman Sir, for the record I find myself in the very unfamiliar territory where I have to differ with my colleague, Senior Counsel Prof. Ojienda who has gone on record as opposing this amendment.
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19 Jan 2023 in Senate:
I appeal to the Majority side to rise to the occasion and be the upper House. This is a House of reason. Sen. Cheruiyot, Majority Leader, you have done very well in the past. I want us to reflect and read the spirit of Article 127 that creates the Parliamentary Service Commission. It recognizes that the Parliamentary Service Commission represent the government and the minority side. If we create one position for the Parliamentary Service Commission, we are going into legal problems. We are giving room for another Sen. Omtatah to go to court and say that the amendment will ...
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19 Jan 2023 in Senate:
The only person I can allow to inform me is my neighbor, the Senate Majority Leader.
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19 Jan 2023 in Senate:
I thank the Senator of Kericho, my good neighbor, for that information. That is of some comfort now. If the Parliamentary Service Commission has two slots, that is in compliance with Article 127 of the Constitution and should be okay.
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19 Jan 2023 in Senate:
Secondly, is this idea of bringing on board the Public Service Commission. Distinguished Senators, we all know that IEBC should as far as possible reflect a body that is independent, non-partisan and non-leaning, that can enjoy the confidence of Kenyans. They are a referee in a political contest.
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19 Jan 2023 in Senate:
Let us not pack the Panel with people whose allegiance is to the National Executive. Let us try and create a panel of people who are not tied to the Executive of the day.
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19 Jan 2023 in Senate:
The proposal on the table, I understand, is to expand space for the PPLC so that we do away with the Public Service Commission. If you read the Constitution, if the wisdom of Kenyans was to allow to the Public Service Commission, ask yourself why the Public Service Commission was excluded from picking commissioners of IEBC.
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19 Jan 2023 in Senate:
If you read that Chapter, it is called the Independent Electoral and Boundaries’ Commission. Sen.(Dr.) Khalwale, underline the word Independent. There should not be any inkling of overreach from the Executive on IEBC. We all want to go to an electoral contest where the referee is non-aligned and able to conduct an election that Kenyans can term to be free and fair.
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19 Jan 2023 in Senate:
We do not need to bring the Public Service Commission to picking commissioners of an independent office. We do not want to open ourselves to litigation.
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