12 Sep 2007 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, the provisions relating to the Anti-Corruption and Economic Crimes Act be amended- (i) In the amendments relating to Section 55, by deleting the proposed Sub-section 9; The Minister is seeking to introduce Sub-section 9 to Section 55 of the Act. The essence of it is that Sub-section 9 seeks to make the application of Section 56(9) retroactive. As I cited earlier, it is a cardinal basic and tried principle of criminal law, that it shall not apply retroactively. I cited, in support of that, very rationally, provisions of Section 77(4) ...
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5 Sep 2007 in National Assembly:
Mr. Deputy Speaker, Sir, I just want the Minister to come out clearly. He keeps on repeating a statement to the effect that the police found persons who had been arrested with a case to answer. We know that, in law, the only institution which is entitled to try somebody and find out whether or not he has a case to answer, is the court. Could the Minister clarify under what circumstances the police found these persons with a case to answer or with no case to answer?
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5 Sep 2007 in National Assembly:
Mr. Deputy Speaker, Sir, I just want the Minister to come out clearly. He keeps on repeating a statement to the effect that the police found persons who had been arrested with a case to answer. We know that, in law, the only institution which is entitled to try somebody and find out whether or not he has a case to answer, is the court. Could the Minister clarify under what circumstances the police found these persons with a case to answer or with no case to answer?
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4 Sep 2007 in National Assembly:
Mr. Deputy Speaker, Sir, before I ask Question No.1 by Private Notice, may I disclose to the House that I am an hon. Member of the Inter-parties Committee, and, to that extent, I am interested in the matter. I beg to ask the Minister for Justice and Constitutional Affairs the following Question by Private Notice. (a) What progress has been made towards publishing a Constitutional Amendment Bill as resolved by the Inter-parties Parliamentary Group on 19th June, 2007? (b) Could the Minister state when the Bill will be published?
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4 Sep 2007 in National Assembly:
Mr. Deputy Speaker, Sir, I beg to ask the Minister for Justice and Constitutional Affairs the following Question by Private Notice. (a) What progress has been made towards publishing a Constitutional Amendment Bill as resolved by the Inter-Parties Parliamentary Group on 19th June, 2007? (b) Could the Minister state when the Bill will be published?
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4 Sep 2007 in National Assembly:
Mr. Deputy Speaker, Sir, the answer by the Minister is obviously very unsatisfactory. You will recollect that this Question came up last week and the Attorney-General attempted to answer it. He began to say that, indeed, the Government was aware---
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4 Sep 2007 in National Assembly:
Mr. Deputy Speaker, Sir, as I said, the answer by the Minister is obviously most unsatisfactory. In fact, it amounts to no answer except for being pedantic. The Minister is herself an hon. Member of the Inter-Parties Parliamentary Committee and she has been represented at all the meetings of the committee. Therefore, she is officially aware of the report of the Committee and the resolution that was made by the committee on 19th June, 2007. I wish to table the minutes of the committee. Could the Minister be so kind to this House and to Kenyans, to answer the Question?
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4 Sep 2007 in National Assembly:
Mr. Deputy Speaker, Sir, indeed, I also associate myself with that applause because the Minister for Gender, Sports, Culture and Social Services deserves it. However, if I continue from where I was, the Minister is an hon. Member of that committee by virtue of her position as the Minister for Justice and Constitutional Affairs. Therefore, being an hon. Member in that official capacity, she is aware of the decision that the committee made on 19th June, 2007. I wish to table the minutes of that meeting.
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4 Sep 2007 in National Assembly:
Mr. Deputy Speaker, Sir, given the fact that the Attorney-General has passed the buck on to her portfolio, when will she ensure that the Attorney-General complies with the resolution of the committee to publish the Bill?
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4 Sep 2007 in National Assembly:
Mr. Deputy Speaker, Sir, you will notice that the Minister has been obviously evasive with this Question. She has chosen not to give any answers. What is significant is that the Minister asserts that if there are minutes of the committee meeting and she is a member of that committee, then she will not answer the obvious. There is nothing obvious about this matter because the resolution of the committee is clear. The decision was that the Attorney-General should proceed to publish a Constitutional Amendment Bill which he has not done. There is nothing obvious about this issue. Could she ...
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