Gitobu Imanyara

All parliamentary appearances

Entries 3251 to 3260 of 6851.

• 15 Nov 2011 in National Assembly: Thank you, Mr. Speaker, Sir. I had already made my introductory remark regarding the Constitution of Kenya (Amendment) Bill. I just wish to conclude those remarks by reminding the House that the Constitution, in Article 93(2), requires of us, as Members of Parliament, to perform our respective functions in accordance with the Constitution. In fact, the wording is as follows:- “The National Assembly and the Senate shall perform their respective functions in accordance with this Constitution.” view
• 15 Nov 2011 in National Assembly: Mr. Speaker, Sir, it is, again, the same Constitution that makes provision for the setting up of Standing Orders, which make specific provisions. I am inviting hon. Members to the provisions of Standing Order No.47(3), which provides that if the Speaker is of the opinion that any proposed Motion is contrary to the Constitution, without expressly proposing appropriate amendment of the Constitution, the Speaker may direct either that the Motion is inadmissible or notice of it cannot be given without such alterations as the Speaker may approve. view
• 15 Nov 2011 in National Assembly: My submission in this respect is that the Constitution of Kenya (Amendment) Bill that my learned friend, Senior Counsel Mutula Kilonzo, is introducing to this House does not accord with Article 10(1) of the Constitution, which contains the national values and principles of governance. Article 10(1) provides:- “10(1) The national values and principles in this Article bind all State organs, State officers, public officers and all persons whenever any of them- (a) applies or interprets this Constitution; (b) enacts, applies or interprets any law; or (c) makes or implements public policy decisions.” view
• 15 Nov 2011 in National Assembly: Mr. Speaker, Sir, the relevant Article 10(2) provides as follows:- 10(2) The national values and principles of governance include- (a) patriotism, national unity, sharing and devolution of any power, the rule of law, democracy and participation of the people;” view
• 15 Nov 2011 in National Assembly: Mr. Speaker, Sir, it is quite clear that this amendment Bill, that is being sought to be read the First Time, has not been subjected to the people of Kenya, under Article 10 of the Constitution, which requires participation of the people. Therefore, to that extent, it does not comply with the provisions of Standing Order No.47 and, therefore, it is contrary to the Constitution. view
• 15 Nov 2011 in National Assembly: Had the Cabinet intended to bring the people of Kenya to participate in whether or not we require this amendment Bill, they would have come by way of a Sessional Paper, as we have always done in the history of this House. Whenever the Government intends to introduce legislation that has the input of the people of Kenya, it comes in the form of a Sessional Paper. Mr. Temporary Deputy Speaker, Sir, it is common knowledge that what is now being brought here is a product of a sub-Committee and a Cabinet decision. What we have in Kenya today is ... view
• 15 Nov 2011 in National Assembly: The practice that my learned Senior Counsel is attempting to introduce now undermines the very principle upon which this House has debated constitutional amendments since Independence. Therefore, as long as the Bill contains more than one constitutional amendment, it does not comply with our traditions and usages, as we have known them. Mr. Temporary Deputy Speaker, Sir, the third aspect that I referred to is that this amendment undermines and breaches the principle of separation of power that the Constitution of Kenya recognises. Whereas we, in this House, are Government by a specific article of the Constitution, the Judiciary also ... view
• 15 Nov 2011 in National Assembly: Mr. Temporary Deputy Speaker, Sir, it is common knowledge – and it is, again, known to the Minister for Justice, National Cohesion and Constitutional Affairs because he is the one who answers Questions on behalf of the Judiciary in this House – that pending in the High Court of Kenya is Constitutional Petition No.185, which was filed on 7th October, 2011. This is the case that was filed by Milton Mugambi Manyara against the Attorney-General, which seeks specific orders relating to this Constitution of Kenya (Amendment) Bill. I do not need to go through the complete dossier but I have ... view
• 15 Nov 2011 in National Assembly: Mr. Temporary Deputy Speaker, Sir, only yesterday, the Chief Justice, while swearing in the new members of the Independent Electoral and Boundaries Commission (IEBC) had the following to say. I only quote just one paragraph from the speech that was given by the Chief Justice. This is what he says--- view
• 15 Nov 2011 in National Assembly: Thank you, Mr. Temporary Deputy Speaker, Sir. In fact, I will not take more than two more minutes. Mr. Temporary Deputy Speaker, Sir, I was saying that just yesterday, when the Chief Justice was swearing-in the new members of the Independent Electoral and Boundaries Commission, he stated the following - and this is a very solemn declaration on the part of the Chief Justice of the Republic of Kenya. This is a document which I have tabled from the Judiciary and I had alerted Mr. Speaker regarding my tabling it. This is what he says:- “I offer the guarantee of ... view