13 Aug 2014 in National Assembly:
Hon. Temporary Deputy Speaker, thank you for giving me the opportunity. For once, let me thank all the Committees of this House for work well done. Being faced with this Statute Law (Miscellaneous Amendment) Bill and requiring all hon. 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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13 Aug 2014 in National Assembly:
Members to pour into it by looking at parent statutes relating all the things together and coming up with this superb legislation, moving forward is commendable. But I want to add my voice to the need to discourage that mode of legislation. Statute Law (Miscellaneous Amendment) Bills should deal with minor amendment proposals to law. Some of these things, if we are not vigilant--- Like the one hon. Ogalo - out of vigilance - raised with us, could have very fundamental and far-reaching consequences. There is need to bring those very substantive amendments in the parent law so that they ...
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13 Aug 2014 in National Assembly:
Of course, there is beauty in having us do so much in this casual way, but this is not the way to go. I think the Chair would do well to make indications to the Executive and to the originators of this Bill that we need to discourage this practice so that we do not fall into the traps of not so good work at times. But I thank hon. Members for the vigilance and the beautiful enactments of laws that we are coming up with.
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31 Jul 2014 in National Assembly:
Thank you, hon. Speaker, for giving me the opportunity to speak on this Motion. I join other hon. Members of this House who have opposed the proposed reduction of time. There is no good reason that has been adduced for the proposal. Instead, we have been told that since the passage of the Constitution of Kenya in August, 2010, the Commission that is in charge, and the various Government authorities that ought to be dealing with them, have not been dealing with them. May I indicate that there is a good reason as to why the people of Kenya, in ...
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31 Jul 2014 in National Assembly:
Despite the castigation that preceded the passage of that particular law, ultimately Kenyans agreed that it was a good thing when they realised that very many sectors of the community were involved. So, the ideal of public participation is critical, more so considering the fact that ours is a democracy. It is not something that we can just wish away at the threat that Parliament will be dissolved. May I end by saying that it is not automatic that if these Bills are not passed, Parliament will stand dissolved? There are two options for this process. The Chair of the ...
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31 Jul 2014 in National Assembly:
Thank you, hon. Temporary Deputy Speaker, for giving me the opportunity to speak to this Bill. You know, the Office of the Leader of Majority Party has better facilities than the offices of the ordinary Members of Parliament and there is a good reason for this. It is the stop over office for most of the legislations coming from Government. It is necessary for that office to look at these Bills and consider whether they are constitutional and where we are dealing with the Statute Law (Miscellaneous Amendments) Bill, whether really what was taken to the Office of the Leader ...
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31 Jul 2014 in National Assembly:
Thank you, hon. Temporary Deputy Speaker. For the Leader of Majority Party, it is a matter of looking because really the Bill ultimately comes to the House under his name. It should not be a perfunctory process; he just gets any Bill and puts his name. The Leader of Majority Party ought to look at the Bill. If it is the Statute Law (Miscellaneous Amendments) Bill, is it really a Bill proposing minor amendments to the substantive law? There should be direct communication with the relevant Government office concerned. The constitutionality of legislation are matters the Speaker is entitled, under ...
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31 Jul 2014 in National Assembly:
Hon. Temporary Deputy Speaker, our Constitution anchors the right of every accused person and the right of every arrested person to bail. How then do we have a proposal saying a police officer or a court may decline bail? It is outright unconstitutional. The Constitution says it is a right to get; you must give bail, unless there are compelling reasons. Whether or not reasons are compelling, it is a determination left to the discretion of the judicial officer. If there have been lapses, it has something to do with the training of the judicial officers. It has something to ...
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31 Jul 2014 in National Assembly:
Let us not attempt at any given time to legislate discretion. That is for magistrates, that is why they are trained. Look at the proposed amendment to the Prisons Act; you know the Power of Mercy Committee deals with the prerogative of mercy. What is being removed is the power of a committee within prisons to grant remission on consideration of good behaviour. When you go there you behave and those people can gauge your conduct and reduce your term, like from ten to seven years. It is not equitable to determine whether or not you should go without even ...
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