29 Apr 2021 in National Assembly:
We agreed that while the role of Parliament is restricted, it is not ceremonial. It is not ceremonial because if you look at Article 94 (1) and (3), you will see that Parliament is the sieve through which anything that becomes law in this country must come. Parliament is restricted when it is popular initiative but it is not ceremonial. I will explain that a little more. Parliament cannot substitute its views for the views of the promoters. Therefore, Parliament cannot make any substantive change to a document that has come through popular initiative. Parliament, on close reading of Article ...
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29 Apr 2021 in National Assembly:
It can be unconstitutional if it does not follow the process that is already in the current Constitution before it is amended. It can be unconstitutional because it results in something that does not accord with constitutionalism. If today there was a popular initiative that suggests that we must exterminate one of the 43 ethnicities in this country, as it happened in holocaust and elsewhere, it would be unconstitutional even if it came through this House and was adopted because in substance, it is unconstitutional. In this House, if we decided that the presidency will only rotate in one ethnic ...
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29 Apr 2021 in National Assembly:
In our case, there were issues that were raised about the fairness of Schedule 2. There were issues that were raised about constitutionality and there were issues that were raised about completeness. I will not speak to them because they are in the document. To be fair, there are equally Members, including lawyers, who do not agree with me and they are entitled because in law, there is no strict answer to anything. There are those who believe that no constitutional amendment can be unconstitutional. What we have done, and that was the midway path, we put the view on ...
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29 Apr 2021 in National Assembly:
As I am closing, Hon. Speaker, and this is my last point, I would like to speak about the minor errors. I urge Members to look at page 99 of the document where we identify some of what we call “minor errors and typos.” Ultimately, looking at that list, there is only one typo in the Bill that we are considering. That is in respect of Clause 51. Clause 51 refers to Article 204. The only thing it does not do is indicate that it is looking at Article 204(6). So, we have two options: We can either exercise that ...
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28 Apr 2021 in National Assembly:
Thank you, Hon. Speaker for giving me this opportunity to condole with the family and friends of our brother Paul Koinange. The death of our brother Paul Koinange is a reminder to all of us that COVID-19 is still alive and remains a danger to all of us. Even as we go about our duties, we all know that Hon. Paul Koinange, by virtue of being the Chair of the Departmental Committee on Administration and National Security, had to traverse this country to attend to so many meetings. These are sacrifices that sometimes citizens do not see us make as ...
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28 Apr 2021 in National Assembly:
the Kikuyu Council of Elders, he had started to bring the elders of the Luo and the Kikuyu together so that later he would foster such unity among other ethnicities. Hon. Paul Koinange was quiet, humble and generous. He often visited my constituency and we had planned that he would visit my constituency for development related matters. Since we could not attend his burial because of the COVID-19 protocols, we took some time later with some of the Members here and a few Members from the lakeside, and about a week and a half ago, we went to condole with ...
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28 Apr 2021 in National Assembly:
Hon. Speaker, I am quite alive to what appears to be the mood of the House, but I beg to agree with the Report of the Committee. First of all, the flaws in terms of the process that many Members have spoken to, is an issue that the tribunal will have looked into, if it was formed. Any tribunal must observe strictly the requisites of the Commission on Administrative Justice Act and the Fair Administrative Action Act. No tribunal can possibly come to any conclusion without calling all the parties. The Committee was only required to consider prima facie whether ...
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28 Apr 2021 in National Assembly:
Thank you, Hon. Speaker. In moving this Bill, the Leader of Majority, being seconded by the Leader of Minority, did a good job in terms of elucidating the contents of the Bill. For obvious reasons, they could not have gone to some of the issues that are being raised because they were not Members of the Committee. Most of the issues being raised were actually considered by the Committee. I want to suggest that if we were to be given the opportunity as you had suggested, for the Chairman to take the first opportunity and if you permit, at some ...
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30 Mar 2021 in National Assembly:
Hon. Speaker, I was actually the 10th Member to enter into this House this afternoon. I sat patiently because I was waiting for this discussion. So, I want to urge the Members who say: “Put the Question” to remember that this is a House of debate and record. We must put on record why we support or oppose anything.
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30 Mar 2021 in National Assembly:
There are two preliminary issues that disturb me a little. To put it on record before my Chairman here, it is not true that the Joint Committee’s sittings were suspended because any Member was reported to be positive. That is not true. That is not to say there is any stigma in having COVID-19. Personally, I have two close relatives right now who are suffering from COVID-19. So, we must accept that it is with us and we must take all the measures. The second issue that disturbs me a little is when, in seconding the Motion, my leader says ...
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