8 Nov 2016 in Senate:
(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request the Deputy Leader of Minority to second.
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8 Nov 2016 in Senate:
(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that The Petition to County Assemblies (Procedure) Bill (Senate Bill No.35 of 2014) be now read a Third time. I request the Deputy Leader of Minority to second. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
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3 Nov 2016 in Senate:
(Sen. (Prof.) Kindiki): Yes, Mr. Speaker, Sir. I would like to take you from your last statement. I equally apologize to the House for my delay without any reservations or conditions. I was caught up in other businesses related to this House. There are some Bills we are working on. I also apologize to Sen. (Dr.) Machage for putting him in some form of hazard. However, all is well, that ends well. May the House kindly take my apology. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be ...
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3 Nov 2016 in Senate:
(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I would like to thank Sen. Mutula Kilonzo Jnr. for the intervention he has made. I agree fully that we need concrete steps on how this matter will be addressed. I will be consulting with the rest of the leadership to make sure that next week we are in a position to give suggestion. What I can say is that no single one of us has a silver bullet for this matter. We need to initiate something and I am sure with the support of colleagues, we can rest this matter or at ...
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3 Nov 2016 in Senate:
(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, if I have heard the Senator for Migori correctly, I do not think the Constitution anticipated this kind of scenario. If it were inaction by the Executive, there is a solution where, by default, the law comes into operation. However, the inaction between the two Houses was not anticipated. Therefore, that is a constitutional issue that we must confront but I am sure we will find a way. In the long term, I have been a proponent of the view that we need to amend the Constitution so that if inaction by either ...
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3 Nov 2016 in Senate:
(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, the proposal by Sen. (Dr.) Machage supported by Sen. Mutula Kilonzo Jnr. sounds attractive but unfortunately, it is illegal. What the National Assembly has been doing is illegal. I do not think the Senate should also engage in an illegality. It is illegal because the law is clear on the mutual relationship on law-making. I have been expecting some public spirited Kenyans to challenge those laws because they are illegally enacted. That is my position.
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3 Nov 2016 in Senate:
(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I am. However, there is a concept in law especially the law on property. This is the concept of encumbrances. In future, once I am free from any encumbrances, maybe I will assume that role. For now, by virtue of what I do at the moment, I am encumbered from doing that. Mr. Deputy Speaker, Sir, on a serious note, this is a serious constitutional and governance issue. I long for the day when somebody will answer this in one way or the other. A message has to be sent that the Constitution ...
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3 Nov 2016 in Senate:
(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, it can be done on Tuesday, next week.
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3 Nov 2016 in Senate:
(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, thank you. Secondly, again without seeking to amend your direction, I would suggest that we also table to the House a list of all Bills that have come from the National Assembly to the Senate and their status. In my previous life, I used to be a law professor and we used to tell our third year students in a subject called Equity and Trust that one of the maxims of equity is that he who comes to equity must come with clean hands. In other words, whoever wants to be assisted comes ...
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3 Nov 2016 in Senate:
(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, that was the second maxim. I am sorry for referring to the seventh maxim without first mentioning the second maxim. I agree with you fully that equity also aids the vigilant and not the indolent. So, I agree with the Chair and the other Senators who have spoken that this is the time for us to be vigilant and we do not have to apologise for that. Finally, I agree with Sen. Murungi’s remarks and opinion that a political strategy is important and would, perhaps, yield urgent and better fruits. However, I would ...
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