James Orengo

All parliamentary appearances

Entries 1411 to 1420 of 4273.

• 17 Sep 2019 in Senate: Something has happened that is wrong and contrary to the law. So making this law apply retrospectively is to correct an illegality which has happened. It is an admission. That is the first point that we must take very seriously that backdating this Bill--- you can backdate the provisions of a Bill in the content of the Bill. You can say that certain sections, for these certain good reasons, will apply retroactively. However, when you backdate a commencement date, it is not in the true spirit of the Constitution. Mr. Speaker, Sir, in fact, Article 10 of the Constitution in ... view
• 17 Sep 2019 in Senate: We will also leave a better legacy by doing things in accordance with the law all the time. Although this thing has happened, this is not the last you are going to hear about what has been done in terms of backdating this legislation. We have one of the best Senate Committees on Finance and Budget that I have seen in the recent or even distant past. We have men and women of honour in this Committee. When I saw Sen. (Eng.) Mahamud pained by what has happened to his product--- He was not a very happy man but we ... view
• 17 Sep 2019 in Senate: From now, I am going to speak out very loudly about some of these issues. This is because we better say it now than later when the horse has left the stable. The consequence of the work of the Committee of Senator. M. Kajwang comes from the very moment we enact DORA and the Appropriation Act. It lays a foundation for his Committee. This is a matter which even his Committee can take up. It can examine the consequences in terms of managing our resources and public revenue when such a foundational illegality is committed. I thank you, Mr. Speaker, ... view
• 17 Sep 2019 in Senate: Mr Speaker, Sir, I want to agree with your ruling, that you will give a comprehensive Statement on this next week. The reason why I would plead with the Senators to agree with the position that the Speaker has taken, is that although the President has signed DORA, the President, the Executive and the National Assembly are still in a legal and constitutional quagmire. This is because they had already passed an Appropriations Act, which is inconsistent with the Division of Revenue Act (DORA). The Appropriations Act gave only Kshs310 billion to counties. Now, through DORA, we are giving the ... view
• 17 Sep 2019 in Senate: Mr. Speaker, Sir, under the Constitution, there is also an opportunity to come out with a supplementary Appropriations Act. I hope in the fullness of time, they may try to use that route to correct the errors they have already committed. view
• 17 Sep 2019 in Senate: Having said that, I plead with this House, that this matter is before the courts and that is where we can address it. I agree with the disappointments that Sen. Mwaura has with what is going on and what he has said makes a lot of sense. However, other than hitting ourselves on the chest and heads on the wall, what else can we do? I believe that this discussion we are having in this Senate today, will be material which we will use in the court to show the position that the Senate took. Mr. Speaker, Sir, that is ... view
• 17 Sep 2019 in Senate: Therefore, I think we are on the right path. Other than now taking this fight to the streets, the only place we can go for now, is the courts and the material is there. The Chairperson of the Committee on Finance and Budget knows that we have on record that forgery that took place. We have it on record, the amendment to the commencement date was done by hand by the Chairperson of the Committee on Budget and Appropriations Committee in the National Assembly. It did not have the hand of our Chairperson like in the other documents where they ... view
• 17 Sep 2019 in Senate: Mr. Speaker, Sir, I encourage all the lawyers in this House, particularly Sen. Wetangula, that when these things come up in court, all of us should be there. I think we have a good legal case. It is even better than the last time. The other time the material was difficult to come by, but now we have the conduct of the National Assembly all written out. We also have the communication between the two Houses. view
• 17 Sep 2019 in Senate: The only thing I would want to repeat is what Sen. Mutula Kilonzo Jnr., said, that the courts are beginning to get intimidated. The courts are going to be the weakest link in the fight towards retaining constitutionalism in this country. Last week in the United Kingdom (UK) when there was a difference between the Executive and Parliament, within two days, there was a decision from a court in Scotland and this week, the matter is before the Supreme Court. Now, we have a problem among more than four institutions of Government and, the Supreme Court and the High Court ... view
• 17 Sep 2019 in Senate: Mr. Deputy Speaker, Sir, I beg to give notice to the following Motion: THAT, AWARE THAT while health is a devolved function, Article 4(3) of the Constitution states that ‗the Governments at the National and County levels are distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation and cooperation‘; FURTHER AWARE THAT, there is no existing comprehensive legal framework to guide the consultative and collaborative process between the Ministry of Health (MoH) and county governments; COGNIZANT THAT, when the Managed Equipment Services (MES) project was launched on 6th February, 2015, the Ministry of Health entered ... view