19 May 2021 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. I rise to support this Bill, but with several reservations which we expect that we - as Parliament at some time - should be able to get a response. We have been told by the Mover of the Motion that the tax exemption being extended to Kenya Airways is ostensibly to help Kenya Airways get back on its feet because of the challenges due to the pandemic. They have also argued that Kenya Airways plays a pivotal role in tourism in this country and that is true and that is all good. However, the ...
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6 May 2021 in National Assembly:
Hon. Speaker, on behalf of the people of Uasin Gishu County, I vote no.
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29 Apr 2021 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. Upon reading this particular constitutional amendment Bill, also known as the BBI Bill, I am extremely disturbed. It is very clear and apparent that a vast majority of the proposals do not need a constitutional amendment to be affected. The bottom-line is mostly about creating political positions. This Bill will go down in history as one of the biggest frauds in Kenya’s legislative making process. As I oppose this Bill, I would like to point out a few examples of the reasons why it is a fraud and it is not necessary for us ...
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29 Apr 2021 in National Assembly:
Another example is Clause 3 which says that we need to have a new economic model called shared prosperity. However, a deeper reading of this Bill shows that it is nothing but an empty buzzword. Shared prosperity is a good thing. Pay inequality, income inequality and wealth inequality cannot be cured by a constitutional amendment. It can only be achieved through competent budget planning and execution. It has to be a deliberate effort through careful and prudent economic stewardship of a country, and not a constitutional change amendment.
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29 Apr 2021 in National Assembly:
Clause 4 deals with citizens’ responsibilities. Again, this is probably one of the most absurd clauses we have in this Bill. It requires that we must deliberately promote and protect the wellbeing of families, including the respect for parents and elders. That is not something that is achieved by having it in a constitution. It can only be achieved either through upbringing or encouragement through school curriculum and education. It cannot be achieved through a declaration in our Constitution. In fact, this is a very good example of what is bad law. Had it been put in any other legislation, ...
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29 Apr 2021 in National Assembly:
Let me put my attention to Clause 5. It proposes to amend Article 31 of our Constitution to incorporate the right to protection of personal data. Again, this is another superfluous and unnecessary amendment to the Constitution. Already, the current Constitution states that every person has a right to privacy. This includes the right to their property and information not to be infringed upon. Therefore, it is highly unnecessary to again create a new constitutional amendment that purportedly provides for protection of personal data which is something that already exists in our current Constitution. Again, this tells us that the ...
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29 Apr 2021 in National Assembly:
On Clause 6 of the Bill, Kenyans have been misled that corruption will be cured by this amendment. I would like Kenyans to know very well and I plead with the House to look at it. Clause 6, which purports to fight corruption, does not. All it says is that Parliament shall enact legislation for expeditious disposal of corruption cases. It does not give us any cure for corruption whatsoever. In any case, corruption does not exist in Kenya because of lack of laws. In fact, we have not less than 11 pieces of legislation that deal with corruption. Therefore, ...
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29 Apr 2021 in National Assembly:
Clause 7 is legislation on elections. This has been touted by the proponents of the BBI as being able to cure post-election violence or post-election disagreements, but it does not. A close reading of it simply says that Parliament shall enact legislation to impose sanctions on parties that do not implement the two-thirds gender rule. Again, this is another counter-productive unnecessary amendment that can be done through amendments to the Political Parties Act. We do not need to have a constitutional change in order to achieve it. The proponents of the BBI have gone on to say that Clause 8 ...
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29 Apr 2021 in National Assembly:
In the interest of time and to give other people opportunity, I will point out one more. Clause 10 deals with delimitation of electoral units where apparently there is a second Schedule in the Bill that creates extra constituencies. Again, this is the most unconstitutional part of this particular Bill. I am confident that the courts will throw it out. The BBI Taskforce has no powers whatsoever in any part of law to create constituencies. They can only propose that the IEBC should speed up the review of boundaries and constituencies or set a number, but not to allocate them ...
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29 Apr 2021 in National Assembly:
Lastly, I would like to point out again as part of the fraud that is being perpetrated by this BBI Bill, when they tell counties they will get 35 per cent remember, 35 per cent of zero is zero. If they want to increase resources to counties, they must increase the revenue base. If the revenue base increases and ends up in a situation where we say 10 per cent, it will still be 10 per cent of a substantial amount. They could get 50 per cent of an insignificant or non-existent amount. Again, this is a very convoluted manner ...
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