15 Mar 2012 in National Assembly:
No, No! Mr. Chairman, Sir. I am seeking a ruling of this Chair that this Memorandum is inadmissible for debate by this House on two grounds. First, that it is contrary to Standing Order No.55 and that is why my view was that these issues can only be canvassed in the House and not in the Committee of the Whole House but you have not made a ruling on that issue. So, I am proceeding on the basis that after I make my submission, we would be moving to report progress in the House to enable this issue to be ...
view
15 Mar 2012 in National Assembly:
Mr. Chairman, Sir, you notice that Standing Order No.55 deals with amendments to a relevant Motion. It is about amendments. I am interested in Standing Order No. 55(2) which says:-
view
15 Mar 2012 in National Assembly:
“No amendment shall be permitted if in the opinion of the Speaker it represents a direct negative of the question proposed”.
view
15 Mar 2012 in National Assembly:
Mr. Chairman, Sir, what the President’s Memorandum is attempting to do is to negative a specific constitutional provision that is to be found as one of the principles of devolution in Article 174. I would read to you what it says. Article 174 is part of Chapter 11 of the Constitution of Kenya and is about the objects of devolution. They are quite a number, but I am interested in object No.8.
view
15 Mar 2012 in National Assembly:
Mr. Chairman, Sir, Article 174(h) of the Constitution, which reads as follows as one of the objects:-
view
15 Mar 2012 in National Assembly:
“To facilitate the decentralization of State organs, their functions and services from the capital of Kenya and, secondly, to enhance checks and balances and the separation of powers”.
view
15 Mar 2012 in National Assembly:
Looking at the President’s Memorandum, it seeks to amend the law that was lawfully passed in this House to take away decentralization of the Provincial Administration as we know. So, on that ground, it is a direct negative of the Constitution.
view
15 Mar 2012 in National Assembly:
Mr. Chairman, Sir, secondly, you notice that the reason given by the President for that, and you will find it on page 2 and 3 of his Memorandum, the President is claiming that the law that was passed by this House - I want to stress that that law was not passed by this House at the instance of the Back Bench, it was actually an amendment moved by the Deputy Prime Minister and Minister for Local Government of the Republic of Kenya in this House. So, it was not a non-Government Motion. It was an amendment moved by the ...
view
15 Mar 2012 in National Assembly:
On a point of order, Mr. Chairman, Sir. Is it in order for the Vice- President and Minister for Home Affairs, who is also the Leader of Government Business to mislead this House that when a matter is on the face of it unconstitutional, we can possibly move to a vote? He is aware that this House in a decision involving the Attorney-General and the DPP, we did precisely that. We did go to vote.
view
15 Mar 2012 in National Assembly:
Mr. Deputy Speaker, Sir, I beg to report that a Committee of the whole House has considered The Presidential Memorandum on The County Government Bill and has instructed me to report progress and seek leave to sit another day.
view