7 Nov 2013 in National Assembly:
From the outset, I wish to state that the journey that the Committee has travelled with the Judicial Service Commission has been very turbulent. This is a Commission that would only wish to oversee itself. Before this petition, we had issues with this Commission. This is the time for this House to assert itself. We need to realize that this Commission snubbed a Committee of Parliament. If Members will not assert their authority, tomorrow another Commission will snub another Committee. It is, therefore, very important, as we look through the litany of misdeeds that have been brought forward by the ...
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7 Nov 2013 in National Assembly:
Under Standing Order No.230(3) and the Second Schedule, the Committee on Justice and Legal Affairs is seized with the responsibility of considering matters of constitutional affairs, the administration of law and justice including the Judiciary, public prosecutions, elections, ethics, integrity and anti-corruption, human rights and even matters relating to political parties. We have always had commissions appear before us in the past whenever the Committee required them to appear. They have always appeared before this Committee, but the JSC did not.
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7 Nov 2013 in National Assembly:
So, in exercise of the mandate of this Committee, we looked through the petitions as had been presented to us. We invited the petitioners and they appeared before us. I shall not repeat what the Chairman has ably enumerated, but every document that we perused is an annexure to the report that is before the House today. Interestingly, the breach against the Constitution referred to Article 161 where the Chief Registrar, as the Accounting Officer of the Judiciary, would make approvals and then the JSC would overturn or disregard them. Article 173(1)(3), the Chief Registrar as the administrator of the ...
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7 Nov 2013 in National Assembly:
therefore, we must do what we are required to do. Yesterday, we censured a Cabinet Secretary. Today, we are on a task to censure a constitutional commission. We shall not get away from such responsibilities. Perhaps, it is important to look at the office of the JSC. The membership of the JSC, for the Members’ information is headed by none other than the Chief Justice of the Republic of Kenya; the President of the Supreme Court, as its Chairman. There is a member who is a Judge of the Supreme Court, elected by the Judges of the Supreme Court. Then ...
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7 Nov 2013 in National Assembly:
but to simply tell the Committee what was happening within the Judiciary. They have a Fund, which is provided by the Constitution. This House approves that Fund. Therefore, I urge hon. Members of this House to look at our report and adopt it. With those remarks, I beg to second.
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6 Nov 2013 in National Assembly:
Thank you hon. Speaker, Sir. Pursuant to Standing Order 44(2) (c) I wish to request a statement from the Chairperson of the Departmental Committee on Administration and National Security, regarding the murder of a former senior General Service Unit officer. Mr Erastus Chemurei was shot dead on February 19th, 2005 at his home in Kitale by about 45 of his colleagues in the service. Mr Chemurei, together with Mr. Lawrence Mwadime and Mr. Mathew Iteere--- He was then in charge of a key to the store where the infamous Kshs6 billion cocaine haul was being kept. In the statement the ...
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6 Nov 2013 in National Assembly:
Hon. Speaker, the widow and the seven children of Mr. Chemurei have waited for eight years for justice to be done; they will wait for two weeks. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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6 Nov 2013 in National Assembly:
Thank you, hon. Temporary Deputy Speaker. I wish to thank and congratulate hon. Fatuma for her courage to bring forth this very important Adjournment Motion; also, for her determination to rein in on sex predators, paedophiles and rapists. It is clear that our country has degenerated or a section of our society has degenerated to very low levels and you would call them animals. Actually, they put the animal kingdom to shame. The Sex Offences Act outlines various forms of sexual offences and it is important, while debating this Motion, to look at the Act because most people are ignorant ...
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6 Nov 2013 in National Assembly:
That in itself is obstruction of justice. It is almost impossible for a rapist to be convicted because of the standard of proof that is required in our criminal justice system. The preservation of evidence and exhibits like the undergarments hardly happens. Victims will ran and hide the filth forgetting that they are destroying evidence. As the Members debate this Motion, they should emphasize that the Chief Jusitce should make regulations, not necessarily to remove the discretion of magistrates in passing sentences, but to emphasize that we should get the maximum sentence that is available in the Sexual Offences Act, ...
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5 Nov 2013 in National Assembly:
On a point of order, hon. Speaker, Sir. I rise under Standing Order 95(1). We have been ventilating on this matter for close to three hours now. Would I be in order to move that the Mover be now called upon to reply?
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