10 Jun 2015 in National Assembly:
Thank you, Hon. Speaker. I rise to second this very important Bill. In doing this, I want to start from where the Leader of the Majority Party has stopped. I would like to indicate that this is one of the Bills that require the support of the entire House considering that tens of thousands of Kenyans are languishing in jail in foreign countries having been sentenced by foreign jurisdictions and having exhausted their appeals. In the United Arab Emirates (UAE), for instance, we have approximately 40,000 Kenyans living in that region of the world, but 17 of those Kenyans are ...
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10 Jun 2015 in National Assembly:
their sentences. Therefore, this Bill, if passed, this Parliament will be as proud as it was when we passed the Persons Deprived of Liberty Bill. This is currently an Act of Parliament. As we pass Bills that have a human rights face
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23 Apr 2015 in National Assembly:
Thank you, Hon. Speaker, for giving me this opportunity. Allow me to seek your direction on the application of Standing Order No.248 on the HANSARD reports. If you allow me, I want to take a very short while on the application of this particular Standing Order. Standing Order No. 248(1) says that there shall be published within 48 hours a verbatim report of all proceedings of the House unless the Speaker is satisfied that this is rendered impossible by some emergency. Hon. Speaker, Standing Order No. 248(2) says every Member shall have an opportunity to collect the draft verbatim report ...
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23 Apr 2015 in National Assembly:
1829 that HANSARD became a permanent record of Parliament. The HANSARD is a vital component of parliamentary democracy in that it captures the speeches, the votes and the debates in the House. It is the only complete, accurate and permanent record of the House. The HANSARD contributes the necessary precision to the affairs of politics and provides an invaluable account of past parliamentary endavours. Therefore, the HANSARD is more or less sacrosanct and one looking at the HANSARD would learn the chief subject of the time, the period in which the country was living, the expressions of the Members of ...
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23 Apr 2015 in National Assembly:
It is also a reference point to courts of law particularly when judges are trying to interpret the mischief that parliaments may have had when they come up with an Act of Parliament. Very much so the way a preacher would want to tell his audience or congregation about the Acts of the Apostles and things like those. It is also a main reference point to the Attorney-General when he is drafting an Act of Parliament. It is also instructive that traditionally, the Speaker of an august House would not proceed with the House if the services of the HANSARD ...
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23 Apr 2015 in National Assembly:
Hon. Speaker, the gist of my application, therefore, is that the HANSARD reporting then happens to operate within a legal framework: a legal framework through subsidiary statutes like our Standing Orders that I quoted and also through other case law and traditional practices. It is, therefore, a full report of the first person verbatim. My contention is that nothing at all should be removed or added to what an hon. Member says so that the expression of the Member, the intention of the Member shall not change because of any alteration of the HANSARD record. Therefore, any change to the ...
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23 Apr 2015 in National Assembly:
information which, in the wisdom of the Speaker, is unpalatable, ignominious, archaic or it is not good enough. My question, therefore, is: How does this then affect the understanding that HANSARD reports are substantially verbatim and serve as a repository of parliamentary proceedings? In those Standing Orders that I read, I do not see any expunging of any information from the record. Hon. Speaker, so the Question for determination - as you retreat – is: To what extent therefore, can a HANSARD report be tweaked? Two, is expunging information from the record or from the report of the HANSARD not ...
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15 Apr 2015 in National Assembly:
Thank you, hon. Deputy Speaker for giving me this opportunity. I rise in support of this Bill. This Bill, in as much as it looks very narrow or shallow, it is a very important one. It comes as a dictate of Article 47 of the Constitution. The framers of the Constitution knew that many Kenyans really suffer at the hands of what the Bill calls “administrators’’. Therefore, this Bill is coming to regulate the actions of administrators and also to give an opportunity to Kenyans who are consumers of administrative action. It seeks to give them ways and means in ...
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15 Apr 2015 in National Assembly:
institutions, quasi judicial tribunals, parastatals and other Government agencies that affect Kenyans adversely. They are the ones that exercise powers, authority and duties. Part II of this Bill is elaborate on that. What I like about this Bill is in Part III and it is something on judicial review. We do have in our judicial system a whole division of our courts that deals with judicial review matters. For you to be entertained by a Judicial Review Court, you must be granted leave by the same court. Judicial review matters are only entertained by the High Court. That is the ...
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15 Apr 2015 in National Assembly:
The court even works much better. For instance, the court will give very drastic orders in instances where an administrator, who is exercising rights of administrative action, gives orders that are completely unlawful. The court can give a declaration of rights. Therefore, you may move the court and ask it to declare your rights in a certain instance. The court can also give express orders of injunction. That is to say that if an administrator takes an action and gives an order that is prejudicial to the rights of the consumer of such action, a court may injunct, or even ...
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