6 May 2021 in Senate:
On a point of order, Mr. Speaker, Sir. I have had a lot of interest for a long time in following up the debate for my good friend Sen. Malalah, but I am lost because I am not able to follow him clearly. In this Chamber we are discussing the Constitution (Amendment) Bill. He is supposed to give us his ideas or opinion as a Member of Parliament. I have even looked at the Constitution under Article 96 on the role of the Senate. Having listened to him, the position he is advancing before this House is a position of ...
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6 May 2021 in Senate:
Thank you, Mr. Speaker, Sir, for this opportunity. I listened to the Senate Majority Leader move this Motion. He did as properly spelt out by the Constitution and especially Standing Order No.75 (1) (b). My good friend, Sen. Wetangula, did not read the provisions of Standing Order No.75 (2) (b) up to the end. However, my reading and understanding of this provision requires Members of this House to appoint a special committee. It does not end there, but talks about a Special Committee comprising 11 of its Members to investigate the matter. The second option is to investigate the matter ...
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6 May 2021 in Senate:
On a point of information.
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6 May 2021 in Senate:
Mr. Speaker, Sir, this is a powerful legislator and a good man who at times speaks for the good of his people. However, when he gets to a situation where he laments about what is happening and continues to happen, I think he should take his people on a different trajectory considering that their major problem has been failure to read the signs of the day. As they complain, they are waiting for an endorsement, but they cannot see that the presidency itself is divided and that document is not meant to bring unity because the centre is not holding.
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4 May 2021 in Senate:
Thank you, Madam Temporary Speaker for this opportunity to contribute to this Bill that is before the House. Before I go into the substance of the proposed amendments, allow me with humility, to remind the people of this country that through the Preamble of the Constitution, we especially recognized the aspirations of all Kenyans, for a Government based on the essential values of human rights. These are; equality, freedom, democracy, social justice and the rule of law. My contribution will be centred and based on the journey of our current Constitution. It is the same Constitution that we all vowed ...
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4 May 2021 in Senate:
When contributing to this debate, I could see my good cousin, the Co-Chairperson of the Joint Committee, was really at pains to explain and justify this process. When Kenyans gave themselves this Constitution, they recognized the sovereign power they have, under Article 1. They then accepted or ceded that authority to exercise that sovereignty to us, as their elected representatives. I am left imagining what this particular constitutional provision was meant to achieve. When you look at it, whenever we are unable, the citizens can exercise their power by themselves. I am sure that our action and power is limited ...
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4 May 2021 in Senate:
The process of amending the Constitution is provided for. There are various ways of how we can amend this Constitution. Article 257 is what we are dealing with, but let us not forget that there are Articles 255 and 256, which we must always look at especially at a time like this because the constitutional amendment before us has certain issues that squarely would not--- If the intention was to address any mischief or anything that anybody thought required to be amended, they should not have taken this long route. However, because of the dishonesty and failure by ourselves and ...
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4 May 2021 in Senate:
Article 257 is what people are talking about, where we have the popular initiative. My understanding on the provision on how to amend a constitution is that Parliament can make amendments through a parliamentary initiative. There are issues that we would have addressed through the parliamentary initiative.
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4 May 2021 in Senate:
The only reason this Bill is before us today is because the perceived promoters of this Bill, who are supposed to be members of the public, are not. We must tell the country the truth. We must be honest about this and tell the public that we are here today discussing this Bill because it is as a result of what we all refer to as the “handshake”. It is as a result of two individuals because of having had protracted political competition for years and they wanted to have peace with one another. They decided to shake hands and ...
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4 May 2021 in Senate:
I am saying that this initiative is clothed in popular initiative because those two people have good legal minds that advise them. They know very clearly that though the intention was to expand the Executive and get power from commissions that are provided in Chapter 15, such as the IEBC, the Salaries and Remuneration Commission (SRC) and the Judicial Service Commission (JSC), the only way to do it was to bring it as a popular initiative. This is because a popular initiative cannot be amended by Members of Parliament (MPs) since it is taken to be an initiative from the ...
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