27 Nov 2013 in National Assembly:
“157(6) The Director of Public Prosecutions shall exercise State powers of prosecution and may institute and undertake criminal proceedings against any person---”
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27 Nov 2013 in National Assembly:
My argument is that extradition proceedings are essentially criminal proceedings. Therefore, to try to transfer them from the Office of the Director of Public Prosecutions to somebody else is to play mischief. The question is: Why is the Office of the Attorney- General trying to amass powers which have not been given to him by the Constitution? If he has to amass those powers, why can he not have the courage of bringing a constitutional amendment Bill to this House to have those powers properly transferred to his office?
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27 Nov 2013 in National Assembly:
If I am to speak on the issue of the right to bail, our Constitution has one of the best Bills of Rights in this part of the world. Chapter 4 of the Constitution, which is the Bill of Rights, is very clear. Article 49(h) guarantees every member of this country the right to bail. The right to bail is a constitutional right. This amendment Bill is proposing the removal of that right through the backdoor. Unless one has never suffered in the hands of the Kenyan Judiciary, or in the hands of the Kenya Police, one can attempt to ...
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27 Nov 2013 in National Assembly:
I am speaking from personal experience. If I may remind some of the hon. Members who are new to the reform struggle, in 1997, when we led the “no reforms, no elections” campaign, I was unfortunate to have been held incommunicado for more than ten days. I went ahead to stay at Kamiti Maximum Security Prison for five months on tramped up charges. Anyone trying to abuse the Constitution must be resisted. One should not attempt to sneak in fundamental changes to the Constitution through this Statute Law (Miscellaneous Amendments) Bill, which is a very mischievous piece of legislation. What ...
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27 Nov 2013 in National Assembly:
Kenyans themselves. Therefore, anybody attempting to rape it in the manner that were are trying to do now must be resisted, regardless of who it is. If you went through this Bill, from page one to the last page, you would be ashamed of even talking about debating it in this House. These are not minor amendments. They are amendments that go to the core of the Constitution. These are amendments that cannot be debated as miscellaneous amendments in this House. Therefore, I plead with you, once again, please, use your discretion, under Standing Order No.1, and stop this debate ...
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27 Nov 2013 in National Assembly:
Hon. Temporary Deputy Speaker, with those very many remarks, I request you to stop this debate; I oppose it in its entirety.
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27 Nov 2013 in National Assembly:
And I want you to invoke the Standing Orders and withdraw this Bill from the Floor of the House.
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27 Nov 2013 in National Assembly:
Hon. Speaker, you may have to rethink your decision. History will judge you very harshly if you take that direction.
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20 Nov 2013 in National Assembly:
Is the hon. Member who is my very good friend and my Chair in the Committee on Environment and Natural Resources in order really to suggest that there is no place for Private Members’ Motions in a presidential system, yet it is very clear in the Standing Orders that on Wednesday Morning there is space for Private Members’ Motions and indeed on the Order Paper, those Motions are listed? Is she in order and can she apologize for that mix.
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20 Nov 2013 in National Assembly:
Thank you, hon. Speaker. Even though the direction that the vote on this Motion will go is clear, I must go on record that we cannot, as a House, afford to apply the law selectively. We cannot live in selective amnesia. What is the purpose of Parliament asking for the opinion of the Ethics and Anti-Corruption Commission? Is it for academic purposes? Is it a mere ritual? This is the first time the Ethics and Anti- Corruption Commission has given a qualified opinion. For a long time, we have been complaining that they have not been emphatic enough in their ...
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