11 Dec 2012 in National Assembly:
Mr. Mututho, please, limit yourself to the issue. Do not anticipate debate now. Just limit yourself to the issue of the constitutionality of this Bill. You made a valid point that the Commission that is entrusted with the responsibility of looking through these Bills has given it a clean bill of health. You made that point. So, you may continue on that line, but if you become irrelevant, then I will rule you out of order.
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11 Dec 2012 in National Assembly:
Mr. Mututho, you are not being relevant. Let me just tell you the issue that has been raised because I would like the Minister for Agriculture also to speak before the Counsel. Specifically, with regard to Article 187, if you look at the transfer of functions and powers between the levels of Government, you will see under 2(b) that:- “Constitutional responsibility for the performance of the function or exercise of the power shall remain with the Government to which it is assigned by the Fourth Schedule”. That is the central argument that is being presented by those who are saying ...
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11 Dec 2012 in National Assembly:
Mr. Mututho, I understand all that and again you are being really irrelevant because hon. Oyugi and hon. Ruto took you through the schedule which lists the functions of the national Government and the functions of the county government and the argument is that where the functions rest with the county government, it will be the jurisdiction as we say in law for this House to purport to enact laws that under the Constitution should be enacted by the county. He is not challenging all the valid points you are making regarding the need to reform the laws and that ...
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11 Dec 2012 in National Assembly:
Hon. Dr. Sally Kosgei, as the Minister for Agriculture, do you have anything to say before I call your senior counsel to come to your aid?
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11 Dec 2012 in National Assembly:
Yes, the Attorney-General will have the final word as the chief legal adviser. I will first give the opportunity to Mr. Mutula Kilonzo. Mr. M. Kilonzo. It is your time now. Sorry, I thought you donated some time to him. Okay, I understand. I thought you were ceding ground all together.
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11 Dec 2012 in National Assembly:
Order! Mr. M. Kilonzo, you need not direct any comments to what you are getting from across.
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11 Dec 2012 in National Assembly:
Mr. Attorney-General, give us the final word.
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11 Dec 2012 in National Assembly:
Order! We do not want to take too much time here. Let me say that at the beginning, I was minded of deferring this issue but after listening to all sides and particularly after reading the provisions of Standing Order No.47, which I invite Mr. Ruto to go through with me because your argument rests entirely on it, I have another opinion. It says 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 or is too long or is framed in terms which are ...
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11 Dec 2012 in National Assembly:
When Mr. Ruto, Mrs. Odhiambo-Mabona and Mr. Oyugi spoke, they did so very generally not appreciating the fact that under Order No.11, we have (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix) and (x) Bills. Mr. Ruto referred to Crops Bill and to the Agriculture, Livestock, Fisheries and Food Authority Bill. I have listened to what the Minister for Agriculture and the Chairman of the Committee have said, and looking at the Order Paper, I have seen proposals that on the face of the record address those issues that go to the root of the Constitution. That is my ...
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11 Dec 2012 in National Assembly:
Hon. Members, having given that direction, you will recall that last time we actually concluded all business under the Basic Education Bill. The Deputy Leader of Government Business, you can confirm that.
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