Wakoli Bifwoli

All parliamentary appearances

Entries 1001 to 1010 of 1336.

• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, the Schedule to the Bill be amended in the provisions relating to the Industrial Property Act, 2001, by deleting the proposed amendments to Section 80. Mr. Temporary Deputy Chairman, Sir, as we undertook when we were moving and seconding this Bill, that we shall carry out appropriate amendments to the proposed amendments to enable the people of this country, particularly the HIV/AIDS sufferers, to benefit from medication, we are proposing the deletion of amendments to Section 80. I believe the Committee was also proposing the same thing and it is ... view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I stand to oppose this proposal. First of all, it must be stated that under our Constitution, it is the President who assigns various portfolios and duties and so on. For now, he has assigned human rights issues to the Minister for Justice and Constitutional Affairs. Tomorrow, or even today, he could assign them to another Minister, say, the Minister for Planning and National Development or the Minister for Water and Irrigation or the Minister for Environment and Natural Resources. He can do that even today. view
• 12 Sep 2007 in National Assembly: The Attorney-General is also a Minister! What the President cannot do is to assign my constitutional responsibilities under Section 26 of the Constitution of Kenya to any other person. If he does so, he will be in violation of the Constitution. However, when it comes to assigning portfolios like human rights issues and all that, he has a right to do so. Therefore, that is why it is being framed here, "The Minister for the time being responsible for issues relating to human rights." It does not say here, "The Minister for Justice and Constitutional Affairs", but whoever, at any ... view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I have three amendments. The first one is what appears on page 1351 of the Bill, headed "Section 23". You will notice that the current provision reads:- "(4) The provisions of the Criminal Procedure Code, the Evidence Act, the Police Act and any other law conferring on the police the powers, privileges and immunities necessary or expedient for the detection, prevention, investigation and prosecution of offences shall, so far as they are not inconsistent with the provisions of this Act, apply to the Director---" Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, the ... view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, the second amendment is at page 1355 of the Bill, Clause 56. view
• 12 Sep 2007 in National Assembly: They are not inter-related. view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, in this regard, what I have noticed is that under the Anti-Corruption and Economic Crimes Act, with respect to the proposed Sections 2, 3(1) and 4, there are no amendments. So, we can dispose of these. Mr. Temporary Deputy Chairman, Sir, the first amendment appears at the bottom of page 1349, which is the proposed Clause 5. But, Sections 2, 3(1) and 4 are not being amended. So, we can dispose of them and then come to the first amendment, which is proposed by the Committee, the proposed Clause 5. view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I oppose that proposal. First of all, somebody quoted Section 77 Sub-section 5 in support of this proposal. But Section 77 Sub-section 5 does not, in any way, touch on what is being proposed. It touches on the principles of ultra vires acquits and ultra vires convicts, which really does not come here. So, it is not unconstitutional. In fact, it is very constitutional because the Constitution envisages that criminal cases will be heard as reasonably quickly as they can be heard and disposed of quickly. The proposal in the amendment is actually in accordance ... view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I oppose this amendment because the current Act, as it is, does not offend the Constitution in that it does not create new offences retroactively. What the Commission does is that for those acts or omissions which occurred after the Act came into force then, obviously, the Act applies and investigation is carried out for those offences under the new Act. But if what happened prior to the coming into force of the Act, if it constituted an offence under the Penal Code, then they are investigated under the Penal Code. In fact, what we ... view
• 12 Sep 2007 in National Assembly: Mr. Temporary Deputy Chairman, Sir, I rise to oppose this amendment. The powers of the Attorney-General, under Section 26(4), are to order the Commissioner of Police to carry out investigations into any criminal matters. I also have powers, under the Anti-Corruption and Economic Crimes Act, to order the Director of the Kenya Anti- Corruption Commission to carry out investigations. What my proposed amendment is trying to do is to harmonise those laws, so that for offences appearing under both the Penal Code and the Act, we have the Kenya Anti-Corruption Commission carrying out the investigations. That is all that I ... view