3 May 2012 in National Assembly:
Article 261(3) of the Constitution requires that power of this House to extend the period prescribed on any matter under the Fifth Schedule be exercised only in exceptional circumstances certified by the Speaker. I am happy to inform this House that the Speaker has certified that this amounts to an exceptional circumstance.
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3 May 2012 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, therefore today, this House is being called upon to extend the validity of these two Bills. Let me just say two things before I Move this Motion. One, if we do not extend the validity of these two Bills, there will be no County Government. That is because the provisions to operationalise them are in these Bills. You can see the consequences of that action. That is why this morning we had asked all Members of Parliament to be here so that we can pass this very important Motion.
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3 May 2012 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, secondly, and I am now saying this to those Members of Parliament who are not in this House and, maybe, who are listening or watching television, if we do not pass these two Bills, then we will give a chance to any Kenyan to go and petition the High Court for the dissolution of this House on the basis that the House has failed to enact the necessary legislation. So, this is a very serious matter. There should be no politics. There should be no intrigues. There should be no ulterior motives. There should be ...
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3 May 2012 in National Assembly:
The Independent Electoral and Boundaries Commission has said that it is not yet in a position to conduct elections now. Therefore, we will actually be causing a constitutional crisis.
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3 May 2012 in National Assembly:
With those few words, I beg to move and ask hon. Kimunya to second.
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3 May 2012 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, I agree. Whereas I admit that English is a foreign language that came with the colonialists, Section 261(2) partly reads:-
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3 May 2012 in National Assembly:
“…extend the period prescribed in respect of any particular matter under Clause 1---”
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3 May 2012 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, “any particular matter” means that you could have various matters. They could be one, two or four. So, any of those can be extended.
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3 May 2012 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, secondly, the Speaker has already ruled that the Motion is in order and has been approved. Thirdly, and even more important, when we extended the three Bills for the Ministry of Lands, it was through a single Motion. So, what is so different about this Motion? It is the same Motion. I think we need to be made to understand what is different. Really, a verbatim reading of the Article clearly shows that what we are doing is right.
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3 May 2012 in National Assembly:
Thank you, Mr. Temporary Deputy Speaker, Sir.
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