Kipchumba Murkomen

All parliamentary appearances

Entries 1191 to 1200 of 8498.

• 29 Apr 2021 in Senate: country. That means that this process was achieved through ‘ in my own opinion’ deceit. The people of Kenya were deceived that this was a process intended at achieving a different objective, but those who had ulterior motives wanted to amend the Constitution. Why would people who have the disposition of the institutions of Parliament and the Executive go and use a process that was for common mwananchi to pass these constitutional amendments? I believe that the popular initiative in this process has been misused. It has been captured by those who have powers of the State and it will ... view
• 29 Apr 2021 in Senate: I have heard some arguments from certain lawyers – and they are entitled to their opinion because this is a matter of interpretation – and I disagree with them. They argue that if Parliament does not pass the Bill, it is inconsequential because the will of the people is supreme; that this is about popular initiative and, therefore, the people will have the final say. It was not the people who initiated the amendment of the Constitution. Despite the fact that you collected four or five million signatures does not mean that it is the people who initiated the popular ... view
• 29 Apr 2021 in Senate: My argument is that Parliament has a responsibility and the failure of both Houses of Parliament to pass the Bill, has the consequence of failing that Bill and cannot proceed to the Referendum. I will back my argument with Article 257 (9), which says: “If Parliament passes the Bill, it shall be submitted to the President for assent, in accordance with Article 256 (4) and (5).” Assuming we were not amending the protected sections of the Constitution, that is, on devolution, structure of Parliament and any section touching on human rights or representation; they were just amendments that are not ... view
• 29 Apr 2021 in Senate: Mr. Speaker, Sir, I want to back my argument with Article 257(10) which says: view
• 29 Apr 2021 in Senate: Mr. Speaker, Sir, is it in order for Sen. Sakaja to mislead this House by saying that the copy of the Bill that came to this House had some few errors? He said that it is a copy. If you take a document like this Standing Orders to a photocopier, there is no way a photocopier will insert errors. So, is he in order to try to water down play a very weighty submission by senior counsel, Sen. Okong’o Omogeni, who has practised law for many years and is the Chairperson of the Justice and Legal Affairs Committee, who ably ... 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
• 29 Apr 2021 in Senate: “If either House of Parliament fails to pass the Bill, or the Bill relates to a matter specified in Article 255 (1), the proposed amendment shall be submitted to the people in a referendum.” My argument is that for the Bill to go to a referendum, either both or at least one House of Parliament passes it. If both Houses of Parliament fail to pass it, my interpretation of Article 257(10) is that the Bill collapses. People should not fear to collapse this Bill because we have already debated here. The Co-Chair of the Committee, the Senate Minority Leader, Sen. ... view
• 29 Apr 2021 in Senate: This question was put before the Supreme Court, but the Supreme Court ran away from that responsibility of giving an Advisory Opinion to Nandi, Kericho and Kajiado county assemblies. The Supreme Court transmitted that question to the High Court where it is pending. My argument is that either both or at least one House of Parliament passes it before we can discuss referendum matters. view
• 29 Apr 2021 in Senate: Mr. Speaker, Sir, that brings me to the second argument. Many people who have contributed, including the Co-Chair, have talked about unconstitutional constitutional amendments. That is a paradox by itself. Constitutional law experts and practitioners, many of whom are in this Chamber, will tell you the Constitution is what is called in law, the grundnorm . It is the final law by itself. However, can the final law be unconstitutional against itself? Can you say, for example, an amendment is unconstitutional? What if that amendment passes and becomes part of that grundnorm ? Can it then still be unconstitutional? The ... 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