4 May 2021 in Senate:
Can we amend this document? We cannot. I am saying so because I am not only a good lawyer, but also teach law. I have students. I cannot stand here and lie. What will I say tomorrow when I sit with them in my office? The courts have the famous phrase: “If Parliament intended that they could amend a popular initiative, nothing would have been easier than for Parliament to have said so.”
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4 May 2021 in Senate:
I have not heard it being mentioned here, and I have asked that question: what was the intention of the Committee of Experts in having this clause? The harmonized draft before the 2010 Constitution had a method of entry of Parliament in the popular initiative. They removed it. You should look at our Report. Members of the Senate, read the Report of the Committee. The Committee of Experts removed that because they did not want Parliament to interfere with the will of the people. If you do not like it, then blame the people who passed the Constitution in 2010 ...
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4 May 2021 in Senate:
I have waited for a Senator to say that we can amend a constitutional amendment even under Article 256. Can we? No! Even in a parliamentary initiative, once it is published, you cannot amend. I have told this to my brother, Sen. Wambua, who has a constitutional amendment to increase the number of counties. Do not make a mistake because if it is published, you will not amend it.
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4 May 2021 in Senate:
Sen. Orengo, Sen. Wetangula and I were invited to make comments at the highest possible level on BBI II, before BBI III. What was my comment? I said: “Do not publish this document without talking to experts and people here who are parliamentarians because the minute you publish it, you will not amend it.” I am not going to change course to make you feel happy. No! You cannot amend. That is it.
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4 May 2021 in Senate:
My proposal is that when we pass this Bill, we subject every clause, schedule and the title to a vote. Call the vote. If you do not like the 35 per cent revenue allocation to 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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4 May 2021 in Senate:
counties, let the people that elected you hear that. You can refuse the others, but let us vote clause by clause. We might not amend this document, but we will have made our point.
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4 May 2021 in Senate:
In law making, the side-notes of Parliament become a question that can be used in future for thinking of what Parliament was intending. That was what I checked in Article 257. It was not intended that we would make an entry point as Parliament in Article 257. That is it. If we do not like it, we amend it.
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4 May 2021 in Senate:
I can see my time has run out and I have a lot to say. George Washington, the First President of America said: “If in the opinion of the people, the distribution of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way the constitution designates, but let there be no change by usurpation.” Do not touch a document that has come by popular initiative. Do not take away the power of IEBC. That is usurpation.
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4 May 2021 in Senate:
I would rather take the good things and deal with bad ones, which I have mentioned. I looked for a person who would help me and found a gentle man called Benjamin Franklin. Before the passing of the American Constitution he said- “Thus, I consent, sir, to this Constitution because I expect no better, and because I am not sure it is not the best. The opinion I have had of its errors, I sacrifice to the public good.” As Senator of Makueni, I sacrifice 35 per cent for the errors. I sacrifice public good. Mr. Temporary Speaker, Sir, please, ...
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4 May 2021 in Senate:
Mr. Temporary Speaker, Sir, the year 2007 was a bad one. Let us not take away the jurisdiction of our institutions. People went to the streets because they did not trust the Judiciary. We cannot gang-rape the Judiciary or IEBC under the guise of popular initiative. It is wrong. I said this to the Head of State, and I will say it on record. I told him that his legacy will not be the Big Four Agenda or BBI, but to leave a peaceful country. If this document can give us a peaceful election, so be it. As they say, ...
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