Mutula Kilonzo

All parliamentary appearances

Entries 761 to 770 of 1275.

• 8 Feb 2011 in National Assembly: Thank you very much, Mr. Speaker, Sir. The hon. Member is right and I was saying all those things with a light touch so that the country understands that Mr. Marende is not a new creature in these activities. So, I was pleading with you to look at Standing Order No.80(5) which says: “Notwithstanding this Standing Order, the Speaker may allow reference to any matter before the House or a Committee.” That is even if it is view
• 8 Feb 2011 in National Assembly: . I am submitting with respect that in so far as the ruling appears to create an impression that the judge has already decided that the nominations were unconstitutional, I think the prejudice that is protected by Standing Order No.80 will not arise. Anyway, it should not paralyze this House from performing a function that is its own. I would like to agree with you that the date for appointment of the next Chief Justice is not 27th of February, 2011 although, ideally, in view of the issues engaging the country at this moment--- We have just listened to the ... view
• 8 Feb 2011 in National Assembly: I use the word “attempting” very advisedly. I am a good lawyer. The fact of the matter is that the country would appear even better in the light of democratic countries like France, the United Kingdom and the United States of America. The USA seeks to protect its citizens because every citizen of the USA has complete confidence in their judiciary. We do not have that ability at this point. Mr. Speaker, Sir, therefore, you utilize Standing Order No.5 so that unlike other situations that I am seeing emerging, we do not paralyze this country. We want this country to ... view
• 8 Feb 2011 in National Assembly: Mr. Speaker, Sir, I beg to move that The Vetting of Judges and Magistrates Bill be now read a Second Time. Mr. Speaker, Sir, with your kind permission, allow me to draw your attention to Section 23 of the Sixth Schedule of the Constitution, which provides that this House do set up a mechanism and procedures for vetting the suitability of judges and magistrates who were in office on or before the 27th August 2010. With outmost respect, this was a demand by the people of Kenya. As a matter of fact, many of them were asking for the entire ... view
• 8 Feb 2011 in National Assembly: Mr. Speaker, Sir, the Bills seeks to ensure that the Commission is non-political, objective and respects the rule of law, human rights and the principle of individual responsibility. view
• 8 Feb 2011 in National Assembly: The Bill is a product of an amazingly extensive stakeholder consultations as well as contribution and input of the Commission for the Implementation of the Constitution. As such, the Bill is in conformity with international best practices and standards. It borrows heavily from the United Nations Development Programme operational guidelines for vetting of public employees. It is essential that at this very early stage, I indicate that Clause 9(14) was in the original draft of the Ministry. The CIC thought that it should be removed, but after careful consultation with the Attorney-General, the sub- clause has found its way back. ... view
• 8 Feb 2011 in National Assembly: Mr. Speaker, Sir, to this end, the Bill establishes an independent Board comprising of members, none of whom was a sitting judge or magistrate on the effective date. You will find that in Clause 6 as well as Clause 8(3)(b). The vetting process in the Bill ensures that fundamental rights of the persons subject to vetting are respected and political misuse or abuse of the vetting process is prevented. The positions, subject to vetting, have also been extremely clearly defined if you look at Cluase 4 of the Bill. Particular care has been taken to ensure that the independence of ... view
• 8 Feb 2011 in National Assembly: Mr. Speaker, Sir, the Bill further limits the time within which the vetting process must be completed to such extension as may be granted by the National Assembly. This is in Clause 4. I will be asking this House that we do not extend this time although we have squandered a period of nearly six months since 27th August last year. I am satisfied that without fear, we can be able to finish this process before August. If we do so, this will ensure that the matter of vetting is brought to a closure and the functioning of the Judiciary ... view
• 8 Feb 2011 in National Assembly: The Bill designated the vetting process in such a way that there is no vacuum at any time at all. To this end, the vetting has been staggered according to the hierarchy of the courts and you will find that if you look at Clause 20 and Clause 24(2). We will start at the top coming down. We also decided that instead of doing it haphazardly, all the panels act simultaneously so that there is uniformity. view
• 8 Feb 2011 in National Assembly: Mr. Speaker, Sir, the most important consideration upon which the judicial officers are to be vetted are clearly set out if you see clauses 18 and 19 of the Bill. This is in line with international best practices which provide that the proposed categories for vetting criteria are clearly defined to allow for an impartial and transparent process. Again with your kind permission, I want to mention that we have drafted this Bill in line with United Nations Development Programme operational guidelines in vetting of public officers. view