29 Apr 2021 in Senate:
Mr. Speaker, Sir, that is not the essence of a minority report. To Sen. Cherargei, who has been a chairperson of a committee, even one Member is a minority. At the time of signing and compiling my Minority Report, six Members had signed. Now there are 10 Members. This morning, the Co-Chair of Sen. Omogeni, Hon. Muturi Kigano in the National Assembly actually said he supports the minority view. He has mentioned that in the National Assembly. However, that is neither here nor there. Whether people disown a report or not, the issues that we are discussing are of utmost ...
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, the first ground on which I took a different view as I go into the substance of the Minority Report--- For the information of Members, if you look at our Standing Orders, when a report is tabled---
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, if Members are patient---
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, I am very clear.
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, I am discussing the Bill and giving my opinion which has also been expressed in a Minority Report. There is no Majority Report that was moved. That is not lost upon us, but I expressed my views on the Bill in a Minority Report that is allowed in our Standing Orders. Is the direction that I do not refer to anything I said in the Minority Report? No one has said that “I wish to move a Minority Report.” My opinions on the Bill, on certain clauses, and I will quote them, are also expressed within the ...
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, if you look at the Report, where there has been a signature on the main Report, and I will give my example, we accept the entirety of the Report with exception. There is a disclaimer that apart from paragraph 557, we support the resolution to pass this Bill and every other finding of the Committee with exception to that particular section.
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29 Apr 2021 in Senate:
I would go from Clause 1 to the end, but because of time, I think it is only efficient that I focus on the areas where I dissented on that position. The first issue is that on the view regarding the proposed distribution of additional 70 constituencies among the counties, I held and still very emphatically and strongly hold that the pronouncement by the Committee that the Schedule is unconstitutional is wrong. It goes too far. It was not for us, first, to determine the constitutionality of it. Sen. Wetangula raised a very important point yesterday; that by the time ...
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29 Apr 2021 in Senate:
The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.
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29 Apr 2021 in Senate:
But beyond that, the issues raised – and I have heard the contributions – were really of a technical and drafting nature, but not of substance. The essence of a popular initiative is the substance of the decision that Kenyans are being asked to take. In fact, in Article 257, it says that it could be in form of a general suggestion; that then, these Houses are supposed to facilitate that Kenyans or the IEBC to draft it into law. If the intention of the Kenyans or Wanjiku, who has gone and collected signatures, and gone to 24 counties, is ...
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29 Apr 2021 in Senate:
, the courts held--- That is why the Chairman says that the courts can then declare later that this Schedule is unconstitutional. But they held that they can only declare that amendment of the Constitution unconstitutional if it interferes with the basic structure of the Constitution. That means that the people, through a popular initiative can decide to amend anything so long as they do not go to what we call the basic structure of our Constitution. Mr. Speaker, Sir, further to that – and the Committee did not note that – there is the doctrine of basic structure. The ...
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