28 Aug 2018 in National Assembly:
Thank you, Hon. Speaker. My point of order is in relation to the Statute Law (Miscellaneous Amendments) Bill (National Assembly Bill No.12 of 2018), for which I had given due notice.
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28 Aug 2018 in National Assembly:
There are two points I want to raise on this issue. The first point is that, at the point when there was consideration that the House would move to a Committee of the whole House to discuss it, I indicated that I would raise a point of order on its constitutionality. As you have ruled before, Hon. Speaker, there would be no point in proceeding if there is a grave transgression of the Constitution because we will be discussing in vain.
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28 Aug 2018 in National Assembly:
The Statute Law (Miscellaneous Amendments) Bill seeks to amend 60 pieces of legislations. On its face, on Page 373, it states that it is an amendment to various wide-ranging amendments. The High Court of Kenya has ruled not once, not twice but, at least, three times, the last of which is a decision that was rendered on 23rd February 2018 in Petition No.120 of The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor.
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28 Aug 2018 in National Assembly:
2017. The High Court ruled that you cannot introduce a miscellaneous amendment that affects substantive provisions in the Constitution. Specifically, I invite Members to turn to pages 9 and 11. In that particular decision, the Court states that if a statute law miscellaneous amendment purport ….
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28 Aug 2018 in National Assembly:
Hon. Speaker, I am due to travel on the business of the House. I have barely 20 minutes to go. So, my proposal was to raise the point of order. Even if the discussion is done in my absence, because I will not be back until next week, at least, I would have laid the foundation on it. I stand guided.
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28 Aug 2018 in National Assembly:
Indeed, I was only going to take not more than five or four minutes. Shall I continue?
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28 Aug 2018 in National Assembly:
There are two issues; indeed, three; but, I will drop one. The first issue which is what I was prosecuting is that the entire Bill as presented is unconstitutional. It should not require any further discussion or even moving to a Committee of the whole House as we were bound to do.
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28 Aug 2018 in National Assembly:
It is on the basis of the decisions of the High Court which I was referring to you. The fundamental basis is that it introduces substantive amendments; very far reaching amendments to 60 different pieces of legislation in an omnibus manner, which is not allowed in law and which is also offensive to the Constitution. The second point which I also gave notice to is that, having come to this House and severally seen the Leader of the Majority Party sign and move Bills and introduce them to this House, I have carefully looked at the Constitution and the Standing ...
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28 Aug 2018 in National Assembly:
Those are the two points I wished to raise. I stand guided.
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23 Aug 2018 in National Assembly:
Thank you, Hon. Speaker. I rise to support this Motion. I want to confirm that I have looked at it carefully and with the benefit of having been in the team that drafted the presidential system that we are now in, I am happy to confirm that in my view, these amendments are largely constitutional. They are also in keeping with the presidential system that we operate under.
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