George Peter Opondo Kaluma

All parliamentary appearances

Entries 4831 to 4840 of 6196.

• 11 Feb 2021 in National Assembly: Without belabouring what my colleagues have said, fundamental human rights are not gifts to any human being. We say that they are inalienable, intrinsic and inherent. They accrue to a human being because he is human. That is the reason we have a right to demonstrate or picket under the Constitution. It is also the same reason Article 24 of our Constitution prescribes the very limited circumstances under which you can limit those rights. Let me agree with the speakers, including Hon. Otiende Amollo, Hon. Johana Ng’eno and Hon. Murugara, that those limitations to restrictions on human rights which are ... view
• 11 Feb 2021 in National Assembly: Without belabouring what my colleagues have said, fundamental human rights are not gifts to any human being. We say that they are inalienable, intrinsic and inherent. They accrue to a human being because he is human. That is the reason we have a right to demonstrate or picket under the Constitution. It is also the same reason Article 24 of our Constitution prescribes the very limited circumstances under which you can limit those rights. Let me agree with the speakers, including Hon. Otiende Amollo, Hon. Johana Ng’eno and Hon. Murugara, that those limitations to restrictions on human rights which are ... view
• 11 Feb 2021 in National Assembly: Without being repetitive, may I confirm agreement with the Committee which is largely not before you? With your permission, they are sitting to discuss another Bill away from the plenary with the Public Service Commission. That is why the Chair and the Vice-Chair are not here. I chair the sub-committee which deals with legislations in that Committee. I was allowed to remain behind to address this issue in this Bill. view
• 11 Feb 2021 in National Assembly: Without being repetitive, may I confirm agreement with the Committee which is largely not before you? With your permission, they are sitting to discuss another Bill away from the plenary with the Public Service Commission. That is why the Chair and the Vice-Chair are not here. I chair the sub-committee which deals with legislations in that Committee. I was allowed to remain behind to address this issue in this Bill. view
• 11 Feb 2021 in National Assembly: There are a few issues. If you look at Clause 11(a), causing grievous bodily harm offence is in the Penal Code. It applies in whatever circumstances. If you do something that causes another person grievous bodily harm in a public or private place, there is already a lawful prescription under the Penal Code on how you should be dealt with upon conviction. The offence of loss of property or damage to property is called malicious damage to property under the Penal Code. The punishment for it is clearly spelt out. It does not matter whether you are doing it while ... view
• 11 Feb 2021 in National Assembly: There are a few issues. If you look at Clause 11(a), causing grievous bodily harm offence is in the Penal Code. It applies in whatever circumstances. If you do something that causes another person grievous bodily harm in a public or private place, there is already a lawful prescription under the Penal Code on how you should be dealt with upon conviction. The offence of loss of property or damage to property is called malicious damage to property under the Penal Code. The punishment for it is clearly spelt out. It does not matter whether you are doing it while ... view
• 11 Feb 2021 in National Assembly: Loss of earnings worries the Committee Members and me. Imagine that you call for a demonstration in Nairobi, you are not making it definite who may avail himself this claim of loss of earning. The entire Nairobi, including people who are just idling, may go to court to say that because they were unable to go to the office which you have no proof of, they suffered loss of earnings. You can imagine the burden you will impose upon the court and even the person you seek to punish. view
• 11 Feb 2021 in National Assembly: Loss of earnings worries the Committee Members and me. Imagine that you call for a demonstration in Nairobi, you are not making it definite who may avail himself this claim of loss of earning. The entire Nairobi, including people who are just idling, may go to court to say that because they were unable to go to the office which you have no proof of, they suffered loss of earnings. You can imagine the burden you will impose upon the court and even the person you seek to punish. view
• 11 Feb 2021 in National Assembly: If you look at Clause 11(b) of this proposed Bill, there is a jurisdiction which is being granted to the criminal courts which is only vested in civil courts. It says that upon conviction, the court may, in addition to whatever criminal orders, order compensation. Hon. Deputy Speaker, you are an older and better lawyer than me. When does a criminal court sit as a civil court to determine quantum of damage and compensation? You know the rigours of it. It is for this reason that even when you have offences which are committed in the process of an election ... view
• 11 Feb 2021 in National Assembly: If you look at Clause 11(b) of this proposed Bill, there is a jurisdiction which is being granted to the criminal courts which is only vested in civil courts. It says that upon conviction, the court may, in addition to whatever criminal orders, order compensation. Hon. Deputy Speaker, you are an older and better lawyer than me. When does a criminal court sit as a civil court to determine quantum of damage and compensation? You know the rigours of it. It is for this reason that even when you have offences which are committed in the process of an election ... view