5 Oct 2021 in National Assembly:
More importantly, Hon. Speaker, the bodies sought to be reorganised are not State corporations. These are professional bodies that operate outside of the State. Therefore, the premise of the amendments is wrong. To the extent that these bodies comprise professionals who pay subscription, they are associations that are protected by Article 36 of the Constitution. If you were to abolish or reconstitute them to the extent that the professionals lose control, it is like withdrawal The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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5 Oct 2021 in National Assembly:
of registration. That is expressly prohibited by Article 36(3)(a) and (b) of the Constitution. In fact, Article 36(3)(b) goes further to say even if you were to consider withdrawing registration, there must be proper and fair hearing. That proper and fair hearing has not been given to any of these professional organisations by the Committee. Thirdly, the Bill offends a very basic principle: the constitutional principle of restraint of State power. State power should be exercised only for the organs that belong to the State, not for organs outside of the State. To the extent that the Bill now seeks ...
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5 Oct 2021 in National Assembly:
More importantly, Hon. Speaker, the bodies sought to be reorganised are not State corporations. These are professional bodies that operate outside of the State. Therefore, the premise of the amendments is wrong. To the extent that these bodies comprise professionals who pay subscription, they are associations that are protected by Article 36 of the Constitution. If you were to abolish or reconstitute them to the extent that the professionals lose control, it is like withdrawal of registration. That is expressly prohibited by Article 36(3)(a) and (b) of the Constitution. In fact, Article 36(3)(b) goes further to say even if you ...
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5 Oct 2021 in National Assembly:
The one thing it certainly means is that it throws out Articles 10 and 132 of the Constitution that require transparency and meritocracy in appointive offices. It now purports to give the Cabinet Secretary discretion to appoint anyone. If you ask, they will say it was through a referral or knowledge. That cannot be constitutional. Hon. Speaker, I urge you to save this House time and the embarrassment that might be caused even by debating this proposed Bill. Thank you, Hon. Speaker.
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5 Oct 2021 in National Assembly:
The one thing it certainly means is that it throws out Articles 10 and 132 of the Constitution that require transparency and meritocracy in appointive offices. It now purports to give the Cabinet Secretary discretion to appoint anyone. If you ask, they will say it was through a referral or knowledge. That cannot be constitutional. Hon. Speaker, I urge you to save this House time and the embarrassment that might be caused even by debating this proposed Bill. Thank you, Hon. Speaker.
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23 Sep 2021 in National Assembly:
On a point of order. Thank you, Hon. Speaker.
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23 Sep 2021 in National Assembly:
Hon. Speaker, I listened carefully to Hon. Sossion as he prosecuted the Petition in detail. I rise under Standing Order No.89 (3) (c). I believe we are aware that six days ago, Petition No.E371 was filed regarding the CBC. I legitimately asked my friend whether the issues are the same and he assured me they are not. I think before considering committing this Petition to the Departmental Committee on Education and Research, it will be good to get guidance from you, perhaps after substantiation by Hon. Sossion, on why the Petition is different from the one in court. I think ...
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22 Sep 2021 in National Assembly:
(Rarieda, ODM) Thank you, Hon. Speaker. The issue that was raised and responded to by the Chair is not a light matter. Some of us remember and some of us do not remember that less than three-and-half years ago we were in that situation where because of political affiliations many of those who supported our side of the divide lost their lives, indeed over 50. The matter was taken up in court and it is still pending. The problem with the judicial avenue is that… The judicial remedy is not ideal for this case. First, because of time. The time ...
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22 Sep 2021 in National Assembly:
It is true that there are other avenues that can be considered. There are avenues, including going to the Kenya Human Rights Commission, or going to the office of the Ombudsman. Many The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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