20 Mar 2019 in National Assembly:
It is my view that in the candidate of Prof. Magoha, opportunity meets competence in the presence of education. It is not an often occurrence in this House that we find candidates of such competence and ability. I want to confirm two examples. One, as the Ombudsman of the country, I worked with Prof. Magoha when he was the Vice-Chancellor of the UON. He was able to ensure that the university had a performance index of 100 per cent. That is competence. I want to confirm that as an Advocate of the High Court, I took the first case seeking ...
view
7 Mar 2019 in National Assembly:
Thank you, Hon. Speaker. I find the point of order by the Leader of the Majority Party very interesting. First, he started by raising a point of order then proceeded to go against Standing Order No. 80 by reading his point of order. That is not allowed.
view
7 Mar 2019 in National Assembly:
Secondly, he failed to mention that the Report has two categories; one in respect of the commissioners and the other in respect of the staff. However, he stood on a point of order as if the only persons recommended for removal are commissioners. It is important to make that distinction. Thirdly, I welcome the sentiments by the Leader of the Majority Party. On three occasions, when I sought to raise constitutional issues on points of order, he was the first one to tell me that this House is not a court of law. That, on the issues of constitutionality I ...
view
7 Mar 2019 in National Assembly:
I want to raise five legitimate issues that are important. As we make this deliberation and as you will retreat to consider this matter, we must start by asking ourselves: What is our role first, as Parliament but, specifically as the National Assembly? In Article 95(2) of the Constitution, one of our fundamental duties is to deliberate on matters of concern to the country and resolve them. Outside of corruption, I know of no other matter that is of great concern to Kenyans more that the question of elections, who will conduct it and whether we will end up with ...
view
7 Mar 2019 in National Assembly:
Majority Party and the Chairman of the Justice and Legal Affairs Committee have spoken to speaks of “removal from office.” I invite you to look at the word in Article 251(1) which says: “A member of a commission (other than an ex officio member), or the holder of an independent office, may be removed from office only for—.” The operating word is “removed” I invite you to distinguish that from “initiation of removal” that is in Article 95. Article 95(5)(a) talks of the role of the National Assembly. It says: “The National Assembly reviews the conduct in office of the ...
view
7 Mar 2019 in National Assembly:
What this Report is trying to do is not removing. When we pronounce ourselves on it today, the commissioners will not vacate office tomorrow but we will have complied with Article 95. We will have initiated the process. I do not think that there is anyone who is in doubt that we need to initiate that process. So, that distinction is important. We are initiating that process. After this House has pronounced itself on that matter, two things could happen. Either, the commissioners themselves will see that if Parliament that represents Kenyans can pronounce itself in such a manner, then ...
view
7 Mar 2019 in National Assembly:
gone rogue or has done some wrong things. So, you individually identify them. It never contemplated a whole institution where everybody has gone rogue. If you were to try it in respect of all commissioners, it will never come to an end because we know the processes that tribunals take. That is why this mode is better because it appeals to individuals. It is important to note that once the Report is moved, it does not purport that once it is adopted, then the commissioners are removed. It speaks to their conscience and impropriety so that they will individually vacate ...
view
7 Mar 2019 in National Assembly:
I am happy to note that in this Committee we have a number of lawyers and we discussed and debated these things. We did not bring them here lightly. I urge that as long as you find that there is that borderline possibility that we can discuss this Report… This Report has very many fundamental far reaching aspects that should be discussed. If anyone is in doubt, tell them what you have told me before - Go to court.
view
7 Mar 2019 in National Assembly:
Thank you, Hon. Speaker.
view
7 Mar 2019 in National Assembly:
Hon. Speaker, first of all I am happy the Hon. Member said he will table the documents because there is no such thing as what he is talking about. I never made any such presentations, but I will wait for that day. However, is it in order for Hon. Keynan to impute improper motives on my part? That cannot be right!
view