12 Nov 2015 in National Assembly:
Thank you, Hon. Deputy Speaker. I rise to support this Bill. First, like my colleagues have said, this is a Bill with a constitutional timeline as espoused by Articles 11, 40 and 69 of our Constitution. This is the right moment to bring this Bill. I am very happy because for once, in this country, we would like to protect our own traditional knowledge and expression. It is like we have realised ourselves. We have been accused at times of behaving more “English” than the Englishmen themselves. At times, it seems as if we do not go in a certain ...
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12 Nov 2015 in National Assembly:
traditions. Like what my colleagues have said, for instance the kiondo . I would like to correct my colleague who referred to it as shiondo . We call it kiondo in the Kikuyu community. At times, those practices are shared across the communities. The kiondo is a tradition that has been passed from generation to generation. Traditional knowledge is defined as a body of knowledge that is passed on from generation to generation. It is not a new discovery. It has contributed a lot to the knowledge that we have today. The problem with regard to the kiondo is that ...
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12 Nov 2015 in National Assembly:
would have been our whisky today. But because we did not have this law, it is viewed as an illicit brew and it is not developed because we lack a legal framework to assist in developing such practices. Take for instance the traditional medicine. I have come across two cases of traditional medicine that have left me very surprised and feeling like, perhaps, we have lost a whole branch of science in terms of medicine. In the year 2000, when AIDS was a scary disease in this country, I heard of somebody who had a problem and the doctors gave ...
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12 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I would also like to support the amendment on Clause 10. It is fundamental to justice delivery in this country. It will restore confidence in the Judiciary because litigants are very frustrated when their cases drag for years and decades. I support.
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14 Oct 2015 in National Assembly:
Thank you, Hon. Speaker for giving me the chance to air my views on this important Bill. Access to justice is a constitutional right in this country. This Bill is another way of telling everybody in Kenya that justice has not been easy. Much has been said and I do not wish to repeat myself. However, we all know that even for the Hon. Members, it has not been easy to access justice. It has been very expensive in terms of hiring lawyers, filing cases, lack of time and not forgetting that the court structure is very intimidating. It, therefore, ...
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14 Oct 2015 in National Assembly:
look at the current justice structure in this country, you will realise that it is very technical and bureaucratic. Personally, when I decided to do law, I wanted to find out what was so special with the legal profession. I found out that all of us might perhaps be lawyers, but the procedures of approaching the court is what makes the legal profession technical and out of reach. The fact that anybody can now approach this court and present their case without going through the formalities and technicalities of the court is justice made easy for me. Secondly, the issue ...
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20 Aug 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. From the outset, I would like to congratulate Hon. Kaluma for this amendment. I would also like to say that Hon. Kaluma is not re-inventing the wheel. He is talking about the separation of powers doctrine which is as old as democracy. In the heart of the constitutional theory is the doctrine of separation of powers. We have talked about it but I would like to give the analogy of an African pot where food is prepared and you have the three stones that support the pot. This is governance issue and constitutionalism that ...
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20 Aug 2015 in National Assembly:
Parliament. This is why in the push and pull for the new constitutional dispensation, we are asking ourselves whether we shifted the power now to the Judiciary which has become activist. Hon. Kaluma is not re-inventing the wheel. He is just saying that in our governance issues in this country, we should respect the doctrine of separation of powers where the Judiciary is supposed to interpret the law, Parliament makes laws and the Executive plays its executive role and support governance. I support this amendment and say that when it comes to issues of Parliament, we derive our power among ...
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20 Aug 2015 in National Assembly:
As I conclude, I want to say that time has come when as elected leaders of this country we should provide leadership and audit the Constitution. There are very many other issues that are coming up so that for purposes of posterity, we rest these contentious issues, among them what Hon. Kaluma is saying and other constitutional matters that are of concern to this country. Thank you, Hon. Temporary Deputy Speaker.
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19 Aug 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. This law is very clear. As long as Members of Parliament are conducting their business lawfully, they remain honourable. Is the Member in order to say that Members of Parliament are not honourable?
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