29 Oct 2013 in National Assembly:
Hon. Speaker, I am grateful for the opportunity. I was begging to draw the attention of the Chair and the House to recommendations numbers six and seven at page 96 of the report. This is an important report because we are seeking to save a national investment. It is also a matter touching on corruption. We must, therefore, deal with it in a manner that neither embarrasses the House nor gives the idea that we are acting in vain. So, I am seeking your guidance on recommendations numbers six and seven at page 96. Recommendation number six reads:- The electronic ...
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29 Oct 2013 in National Assembly:
“M/s Erad Supplies and General Contracts Limited and the individual directors namely Mr. Jacob Juma, Hon. Major (Rtd) John Waluke and Grace Sarapay Wakhungu should fully compensate the Government of Kenya through the NCPB an amount of Kshs313 million and any other monies received following the execution of the arbitral award and litigation in line with Sections 51 and 54 of the Anti-Corruption and Economic Crimes Act, 2003 and any other relevant laws and principles of law including that of equity.”
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29 Oct 2013 in National Assembly:
Hon. Speaker, what is essentially being recommended is that monies paid pursuant to the arbitration and, of course, the decisions of the court being mentioned in the report, should be repaid. My worry is that this recommendation is being made, which I am not sure the House can make, as to the setting aside of the award and, indeed, the decisions of the High Court and possibly that of the Court of Appeal upholding the award. Having brought this to the fore, I would want to relate with the Judiciary, particularly on matters of court decisions. Recommendation number seven says:- ...
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29 Oct 2013 in National Assembly:
The payment that the Government is being recommended not to make is, of course, the payment ordered in the award and upheld by the various court decisions. Can we, as a House, reach a level where we can make such recommendations and sustain such recommendations without setting aside the court decisions? How do we deal with the matter? I am saying this because this is a very important matter. We want to deal with it in the confines of issues that will enable us to deal with the issue of corruption and sustain this important public investment. I am seeking ...
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24 Oct 2013 in National Assembly:
Thank you, hon. Speaker. This is a very substantial report and the House thus needs to look at it; I have had a glimpse of it. There is a contract in which there is an arbitration agreement. I have seen an arbitral award and the decisions of about three judges, that is, of the High Court and the Court of Appeal. They appear to be saying that the arbitral award has to be upheld. So, we have a situation where we are going against--- There is a possibility that the report – I will not talk much about it now ...
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22 Oct 2013 in National Assembly:
Hon. Speaker, Sir, the CORD Coalition, just as the Jubilee Coalition, from time to time re-organizes the membership in various committees, I currently stand removed from the Committee on Delegated Legislation. This is an issue the CORD Coalition is addressing. So, I am at liberty now to raise an issue with the Committee.
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22 Oct 2013 in National Assembly:
Hon. Speaker, Sir, pursuant to Standing Order No.44(2)(c), I wish to seek a Statement from the Chairperson of the Committee on Delegated Legislation regarding the legality and enforcement of the following delegated legislation:- the Traffic Rules, 1993; the Traffic (Amendment) Rules, 1999; the Traffic (Amendment) Rules, 2007 promulgated by Legal Notice No.45 of 2007; and, the Traffic (Amendment) Rules, 2008 promulgated by Legal Notice No.118 of 2008. Hon. Speaker, the enforcement of the four mentioned delegated pieces of legislation has engendered high levels of corruption at weighbridges across the country. In his Statement, the Chairperson should inquire into and report ...
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22 Oct 2013 in National Assembly:
(i) the legality and rationality of the Traffic (Amendment) Rules, 2008 promulgated by Legal Notice No.118 of 2008, and the proceeding delegated legislations; (ii) the legality of the criminal/traffic charges brought against vehicles on account of axle load weight, where the subject vehicles are within the lawful gross vehicle weights; (iii) the legality of the letter issued by the Kenya National Highways Authority on 25th May, 2012, requiring dummies/dead axle on a vehicle to be ignored in computing the allowable maximum gross vehicle weight across Kenya and granting weighbridge operators discretion to consider lift axles as dummies/dead axles for purposes ...
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22 Oct 2013 in National Assembly:
(iv) suggest amendments to the Traffic (Amendment) Rules, 2008 and the proceedings delegated pieces of legislation to make them consistent with the Traffic Act, Chapter 403 of the Laws of Kenya; 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 Oct 2013 in National Assembly:
(v) prefer measures to be taken to comply with the East Africa Community Vehicle Load Control Act, 2013; and
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