Mutula Kilonzo

All parliamentary appearances

Entries 1271 to 1275 of 1275.

• 28 Mar 2006 in National Assembly: On a point of order, Mr. Speaker, Sir. view
• 28 Mar 2006 in National Assembly: Thank you, Mr. Speaker, Sir. I want to present a few points, but very important. The first one is that my learned friend, the hon. Member for Nakuru Town, is asking that a Motion be brought here, rescinding a decision that was negatived. I would like to draw your attention, as you consider this an important matter, to the fact that by rescinding a negative, it would be as though that report was adopted by the House. It is, therefore, in my view, something which cannot be done. view
• 28 Mar 2006 in National Assembly: Mr. Speaker, Sir, as you heard from hon. Members, including the Official Opposition Leader, the report that was presented to this House was, in fact, rejected. If you were to follow the advice given to you by my good friend, Senior Counsel Paul Muite, Mr. Mirugi Kariuki and others, that the only procedure available now, is for a Motion to rescind that decision; what in effect this House would be saying in that decision is that, a report which was rejected, will then be deemed to have been accepted. I submit to you, Sir, with utmost strength, that it cannot ... view
• 28 Mar 2006 in National Assembly: Mr. Speaker, Sir, that is my argument. That is a very genuine legal position. It would create a positive and would mean that the House adopted the previous report that was laid before it and we know that is not the case. I think that is a critical point to consider. The other point to consider is the question of proceedings in the House and even in Committees. It is my understanding that this House is not adversarial. We do not have clients for whom we vote "yes" or "no." Our position is that we debate issues as they come ... view
• 28 Mar 2006 in National Assembly: Indeed, Mr. Speaker, Sir, I very firmly say yes, it does. I will give you the reason why. As you know, there is a principle we call resue de carta . Resue de carta is when two parties come to court, present the two sides and the court resolves the issue on merit. The principles of resue de carta come into play. Neither party is allowed to come back to the court to present a similar claim. To put a rhetorical question: Is this House founded on the House of Commons traditions? It is, actually, a court and has always ... view