Johnson Arthur Sakaja

All parliamentary appearances

Entries 1191 to 1200 of 5036.

• 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. view
• 29 Apr 2021 in Senate: basic structure, which cannot be amended. There is also the theory of amendability which includes areas like supremacy of the Constitution. You cannot collect signatures and go round the country and say that now you are passing an amendment to remove the supremacy of the Constitution. The second one is the rule of law. The third is the principle of separation of powers. The fourth is the objects and principles of a constitution. The fifth is Judicial review; things like federalism and devolution. Those are basic structure things. Kenyans coming together from wherever to say that they want more constituencies ... view
• 29 Apr 2021 in Senate: Mr. Speaker, Sir, I will gladly do so, and I would like Sen. Linturi to listen carefully. If you look at Article 257 of the Constitution, all the processes, from the setting up of a BBI Secretariat to the gazetting of a taskforce, meeting in Bomas of Kenya, going to Naivasha with Members of Parliament as strangers to the process of popular initiative- -- The first document that is introduced in a popular initiative is the one that is gazetted by the promoters in Article 257 (4) and (5). That becomes the first document. There is no requirement in our ... view
• 29 Apr 2021 in Senate: Mr. Speaker, Sir, kindly, let me finish. I challenge anyone to show me where there is a legal requirement before the publishing of a draft Bill by a promoter of a popular initiative to have conducted public participation. view
• 29 Apr 2021 in Senate: On a point of order, Mr. Speaker, Sir! I am very happy that the Co- Chairperson of the Committee has not shown me any provision that demands for a sponsor of a public initiative before publishing the Bill to conduct public participation. He is talking about the principles of national governance in Article 10. view
• 29 Apr 2021 in Senate: You do not have to shout. Once the draft Bill has been published, the mandate, load or burden to conduct public participation then rests with this institution. That is why we did public participation --- view
• 29 Apr 2021 in Senate: Mr. Speaker, Sir, that is why county assemblies conducted public participation on a document presented by Kenyans. However, to say that for Kenyans, before they presented a document, to have conducted public participation, any ordinary Kenyan can exercise their sovereignty in Article one and propose a popular initiative. Who will fund them to conduct participation? Once they have drafted a Bill or given a general suggestion to IEBC, then once it has been published, are the ones mandated. I think we are saying the same thing. It is about before it is published. view
• 29 Apr 2021 in Senate: Mr. Speaker, Sir, allow me to go on because of time. I stated that the issue of basic structure where you create amenability, the only part that you can prevent anybody from amending is what affects the basic structure of the Constitution and it is defined and there is precedence in that Supreme Court - Justice Bharati Versus the State of Kerala. He said that those are the constitutive elements. Even if you collect 10 million signatures, go to all counties and say you want to amend the Constitution to get rid of this part of Kenya, that cannot be. ... view
• 29 Apr 2021 in Senate: However, my contention was that the Second Schedule that we are trying to amend does not, in any way, change the basic structure of a Constitution. Secondly, in terms of the reasons, Section 27(3) and (4) of the Sixth Schedule of our current Constitution, gives us a precedent and it was doing the same thing. It provided protection of existing constituencies under Article 89(4). Which means even when IEBC was going to do delimitation, there were constituencies they were not going to touch. That means that the provisions of Clause 74 read together with the Second Schedule is not a ... view
• 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. view