2 Dec 2009 in National Assembly:
Thank you, Mr. Temporary Deputy Speaker, Sir, for allowing me to support this Motion. Actually, I was supposed to second the Motion, but I was caught up in other issues and was not able to come. So, I really appreciate for giving me this opportunity. First, allow me to congratulate my friend, hon. James Orengo and the staff in his Ministry and, indeed, the previous Ministers who started this policy before hon. Orengo took over that docket. We have read the Sessional Paper and to me, it is comprehensive. It addresses all the sensitive land issues that we have been ...
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3 Sep 2009 in National Assembly:
Thank you, Mr. Speaker, Sir. The request that is being made is to refer the Gazette Notice to the Committee on Delegated Legislation. The fundamental basis on which this request is being made is on assumption that the subsidiary legislation conveyed by the Gazette Notice itself is illegal and, therefore, offends some provision of the parent Act. Therefore, there would be no basis on which a Committee on Delegated Legislation can deal with this matter. What comes up is the interpretation of Section 3(1) of the First Schedule made under Section 8(7) of the Anti-Corruption and Economics Crime Act. I ...
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3 Sep 2009 in National Assembly:
Mr. Speaker, Sir, we are just seeking clarifications on this matter. Section 3(2) merely says that a person who has held office as a Director may be re-appointed. That means that the appointing authority has discretion. Section 5(2), says: âThe President, on recommendation of the Advisory Board---Soâ, if the intention of Parliament was to make the President seek advice from the Advisory Board on the appointment, it could have clearly said so in Section 3(2). Those words are absent. What my colleagues are failing to understand is the fact that, in Law, there are those principles which you call the ...
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3 Sep 2009 in National Assembly:
Mr. Speaker, Sir, I thought hon. Ogindo was not a lawyer.
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3 Sep 2009 in National Assembly:
What? Mr. Speaker, Sir, I am dealing with a matter of statutory interpretation. The hon. Member has nothing to inform me on this matter. He should sit down and be educated.
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3 Sep 2009 in National Assembly:
Thank you, Mr. Speaker, Sir. What I am simply saying is that the language in Section 3(2) is precise, un-ambiguous and plain,
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3 Sep 2009 in National Assembly:
Mr. Speaker, Sir, finally, it is not a matter of simply saying that we should take this matter to this or that Committee. There must be that question which is being referred to the Committee for an answer. The person who made the request for the matter to be referred to the Committee on Delegated Legislation did not inform the House what question he wanted that Committee to go and deal with. He has to come and say whether the subsidiary legislation is ultra vires or it is illegal in one form or another. We are saying that the President ...
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3 Sep 2009 in National Assembly:
It does not matter because there can only be one correct interpretation.
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3 Sep 2009 in National Assembly:
Mr. Speaker, Sir, I want to conclude by saying that the request for that subsidiary legislation through the notice to be taken for further scrutiny by the Committee on Delegated Legislation is in, itself, frivolous, has no legal or factual basis and should be rejected by this House.
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