14 Mar 2018 in National Assembly:
Thank you, Hon. Speaker. I have two minutes. So, I have to just go straight to the point. May the record reflect that this afternoon, Hon. ole Sankok and I were the first in the Chamber. I am not quite sure how these gadgets work, but I will accept that. I only have three quick things. One is that no war is a tunnel except the good battle between good and evil. There is a time in the life of a nation such as now that you can cease hostilities. Ceasing hostilities is not abandoning agitation that is legitimate. It ...
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27 Feb 2018 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. I rise to support this Bill and to congratulate the Committee on Roads. I have had an occasion to read the Bill in its entirety and the accompanying Report. While I support it, I have five observations to make. The first observation is on page 1510 of this Bill in Section 7. I note with concern, that the authority, the Public Roads Standards Board that is proposed, excludes completely any representation from the counties and yet this board is supposed to regulate both the roads that fall under the counties, and the roads that ...
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27 Feb 2018 in National Assembly:
Committee should consider including, perhaps, a representative of the Council of Governors or such other representative as may be said to represent county governments. I appreciate as noted in the Report that Section 7(1)(h) has been changed from the Institution of Engineers to the Engineers Board of Kenya. That is commendable. My second comment is on Section 23 that appears on page 1523. Section 23 helpfully requires that the boards observe ethnic and regional balance and also observe the two-thirds gender principle. My problem is that we have many laws, including the Constitution of this country that have a similar ...
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27 Feb 2018 in National Assembly:
would like to suggest that the Committee might consider tidying up that particular section so that it does not offend Article 40. My fifth and last point is on Clause 96 on page 1552 of the Bill. It copiously endeavours to allow the public access to information and in several sub-clauses it does prescribe in what manner and how. While it is well-meaning, I am afraid it falls short of the threshold in Article 35. But more fundamentally, there is already an entire Act passed by this House, the Access to Information Act, which dedicates in great detail how and ...
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22 Feb 2018 in National Assembly:
On a point of order, Hon. Speaker. I am guided by your previous directions that a question of constitutionality can be raised at any time. Hon. Speaker, as for the seven names that have been presented, I have no problem with them at all. However, as the Leader of the Majority and the Leader of Minority said, these names are presented under Articles 127, 248 and 250 of the Constitution. Specifically, under Article 127, the Speaker is the permanent Chair of the Parliamentary Service Commission. Article 248 of the Constitution leaves the PSC as one of the commissions duly guided ...
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22 Feb 2018 in National Assembly:
Thank you, Hon. Speaker. As the Leader for the Minority Party has said, I raise this not just as an MP but also as a lawyer, and one of those who wrote the Constitution. So, I do not raise it lightly, and it is not personal. Hon. Speaker, there are two things that we must be clear on. Although a commission is not bound by the provisions of Article 250, what we are saying is that even if we want to remove a commissioner, we do not have to follow the elaborate mechanism laid out in the Constitution, of establishing ...
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22 Feb 2018 in National Assembly:
were designed to have in excess of nine members. However, only those which are specifically mentioned, which include the PSC, JSC and SRC, because of their unique composition, they must bring in other people. The question of exceeding the number is specifically catered for; it is not an ambiguity. The question of the tenure is answered by Article 127 (5). It is very specific. The question is under Article 127 (4). When does a member vacate office? A member who is appointed by this House to the PSC will vacate at the end of the term of the House of ...
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21 Feb 2018 in National Assembly:
Thank you, Hon. Speaker. It was not my intention to speak on this but on an earlier issue. Therefore, I take this opportunity to humbly suggest that you put the Question.
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21 Feb 2018 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. I rise to support this Motion on the adoption of Sessional Paper No.3 of 2016 on the National Housing Policy. I support it not because it is a priority area for the Jubilee Administration, but first, because it is the right thing to do. I support this Motion because it accords with Article 43 that makes housing a right. Article 43 is one of those unique rights that place an obligation on the State to provide under Article 21. It is my view, adopting this Sessional Paper will go a long way towards facilitating ...
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21 Feb 2018 in National Assembly:
years ago – the 99-year leases – have come to expire. I am aware that in the last three years, and it is a problem that is continuing, most of those persons whose leases have expired are unclear on what to do. Some of them are suffering the fate of unscrupulous persons identifying their land and then purporting to renew it in their own names. We will need to infuse - and that is not sufficiently infused in this policy - a very clear policy that does not encourage land grabbing by identifying leases that have expired. I can assure ...
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