5 Dec 2018 in Senate:
Mr. Speaker, Sir. A quick flip through this Report reveals that a lot of the observations look like regurgitations of what we went through in the House when we were all here. Would I be in order to suggest that since the Report has been tabled, that the Chairperson goes straight to the recommendations so that we can then interrogate the recommendations? Otherwise, he will take us through the lengthy observations, which will be like repeating the meeting which we already had as a House.
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5 Dec 2018 in Senate:
Mr. Deputy Speaker, Sir, I know that you are aware of this. At this moment, you have set precedence by ordering the circulation of the Report before it is Tabled. I had a similar concern because Standing Order No. 213(7) is clear about circulation. It states that:- “Within forty eight hours after the report has been laid on the Table of the Senate, the Clerk shall publish the report in the parliamentary website and circulate copies to all Senators.” In terms of the tradition of the House, a Report can only be availed, even within a Committee, once it is ...
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5 Dec 2018 in Senate:
Mr. Deputy Speaker, Sir, I realize that you are oblivious of my legal scholarship as well.
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5 Dec 2018 in Senate:
Mr. Deputy Speaker, Sir, you have listed the number of great lawyers that we have in the House. That is the reason you have been running foul of the Standing Orders because when we hear obiter dictum you have to say what it means. We 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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5 Dec 2018 in Senate:
know that it is “by the way.” We need to let other Members know that opinio curia is is used when you are talking about something without regard to the facts. This is because the only languages in this House are English and Kiswahili. I was looking around and saw quite a number of Senators - I will not mention them by name - with looks of bewilderment of what language it was that we had gone into suddenly. Secondly, let me reiterate that we are really looking forward for your determination. I hope that as the Senate Minority Leader ...
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5 Dec 2018 in Senate:
Mr. Deputy Speaker, Sir, I am reading Article 110(3) of the Constitution. It says that before either House considers a Bill, the Speakers of the National Assembly and the Senate must jointly resolve any question as to whether it is a Bill concerning counties and if it is, whether it is a special or ordinary Bill.
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5 Dec 2018 in Senate:
So, even a Bill that is published in the National Assembly, there must be a meeting with the Speaker of the Senate to determine where that Bill goes. If a Bill does not go through that process - of course, apart from the fact that if we pursue that line even in the courts, it will be injurious to a lot of good laws that have been passed in this country - then the legality of that Bill can be questioned.
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5 Dec 2018 in Senate:
So, if those two things were as straightforward as the Members of the National Assembly would like us to believe; one, the issues of concurrence between the two Speakers and secondly, the issue of determining whether a Bill concerns counties, the Constitution would then not have provided a requirement for that meeting to take place because it would have been a simple formula in the Constitution. You should consider if a Bill has one or two things, whether it concerns counties or not.
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5 Dec 2018 in Senate:
Mr. Deputy Speaker, Sir, we are worried because they almost went into pre- empting or anticipating debate because the Bill is not yet before the National Assembly. I would like to tell this House that if they do what we think they are going to do, then I think our recourse is clear and we shall go back to the place that pronounced itself earlier on what they believe is a Bill concerning counties. 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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