24 Mar 2016 in National Assembly:
Yes, Hon. Speaker. What remains is actually for the Committee on Delegated Legislation, and not for the CDF. In terms of how those regulations are published, when they come out and how they are actualized is now a matter with the Committee on Delegated Legislation. What Hon. Injendi was talking about is something that is upon us by frustration. Let me tell Hon. Members that there is no hope that they can be given because it is within the Act that we describe who should be signatories to the account. Essentially, two are there, of which Hon. Members know. One ...
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24 Mar 2016 in National Assembly:
Thank you, Hon. Speaker. I rise to support the Vetting of Judges and Magistrates Bill. I would like to remind my colleagues of the unique and limited mandate that this Board was executing. There is no precedent for the work this Board was executing anywhere in the world; judging judges and judicial officers. I agree with Hon. Ababu that when we promulgated the new Constitution, we insisted in a good provision that all judicial officers who were serving before the Constitution came into force had to undergo vetting. Ours was a Judiciary lost. It was a lost institution in terms ...
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24 Mar 2016 in National Assembly:
the one of Judge Ombija were still pending. The review motions and applications were pending the termination. Let me assure Hon. Members here that the Board assured us that the terminations on those review applications were also already done. So, we made a decision that we would, therefore, bend back so that the good work that the Board has done can be consolidated, archived, documented and tabled before this House for perpetuity and for reference by not only Kenyans, but other jurisdictions which are already borrowing from our experiences here. The composition of the Board had judges and former Chief ...
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24 Mar 2016 in National Assembly:
A short while ago, we had the case of Justice Tunoi. I know there are some issues around it but, Hon. Members, you saw the composition. Members of the JSC have interacted with that case down there. Some have interacted with it as judges and others as advocates. Then they sit as the JSC to remit the matter to a tribunal to be created to investigate him. There is conflict of interest. Let me say before the Kenyan people that corruption in the Judiciary is not a problem of the judges and the magistrates that we have. In fact, the ...
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22 Mar 2016 in National Assembly:
Thank you, Hon. Speaker. The matter being raised by my brother Hon. Mwashetani is very simple. The answer to this matter arises and lies in Article 1 of the Constitution which clearly states that Kenya is a multi-party democracy. That is the underpinning. Under the Constitution the choices a Member has to reach this House are two: You are either coming through a political party or an independent candidate. When you come as an independent candidate, you enjoy the discretion and grace of the Speaker in terms of your being in the Committee. There is nothing any other Member can ...
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22 Mar 2016 in National Assembly:
Secondly, we must recognise that under that Constitution and under our other laws made by this Parliament, we recognise parties operating as parties and parties operating as coalitions. Coalitions made either pre-election time or post election time are recognised. This is something we are agonising about in the Elections (Amendment) Bill. How do we facilitate parties to merge The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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22 Mar 2016 in National Assembly:
without dissolving them? This is one of the issues we are dealing with. When you merge or when you operate under a coalition, it does not automatically mean that you are merged. You maintain your identities as individual parties but you say that you will be subservient to the general interest of the coalition on some issues. You remember when we came to this Parliament, the allocation of slots for representation in Committees was apportioned between coalitions. It was upon the coalitions within the party agreement to decide how Members are put therein. I do not find any contradiction. The ...
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22 Mar 2016 in National Assembly:
There is a reason for this. Personally, I believe it will be very dishonest of me to come to Parliament as a Member through ODM then forget what ODM feels about national issues here. It cannot work that way. We must operate within the confines of our parties even as we carry forth the non-national interests under our charge in the National Assembly.
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22 Mar 2016 in National Assembly:
Thank you. I request my brother to behave well. We will return him to the Committee. He really campaigned against us.
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22 Mar 2016 in National Assembly:
On a point of order, Hon. Speaker.
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