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Weekly Newsletter - Issue No 87
13 - 19 June, 2016

Editorial

Crackdown on Hate speech Welcome but Implementation of TJRC is the key

This week has been interesting. For starters, Nairobi politicians, Senator Mike Mbuvi alias Sonko and Governor Evans Kidero decided insulting each other wasn’t enough and engaged in a physical fight to the amusement of the other politicians present and indeed most Kenyans who watched the video. Indeed leaders elected mirror the electorate. The behavior of the two leaders is a direct reflection of the voters in Nairobi.

Meanwhile, it appears Ole Kaparo’s team is finally proving it can bite, albeit late. The fact that eight legislators from both CORD and Jubilee are spending time in a prison cell for hate speech for at least four days is quite refreshing especially because some of them have been spewing hate like their life depended on it. The high court upheld the lower court’s decision to deny them bail and detain them citing public interest over individual interest.

Politicians have perfected the art of pitting Kenyans against each other for their own selfish gains with little or no repercussions. Since the 2005 referendum, hate speech has been entrenched among Kenyans and encouraged by politicians over the years, especially during election period. It is therefore interesting to see how the mighty feel the wrath of the law. A journalist remarked that they should use their experience as a “benchmarking trip” to improve prison conditions.

Nonetheless this might not exactly do the trick as hate speech is a mere symptom of the disease. As long as we are not willing to deal openly and honestly with the real issue, National Commission and Integration Commission should be prepared to make more arrests. That hate speech is still alive and well is proof NCIC has not only been sleeping on the job but also failed terribly. These knee-jerk reactions are just that. But the commission can redeem itself if the chairman stops hiding under “lack of evidence” when the rest of Kenya sees it in captured video all the time.
 

News of the Week

Mutunga retires at 69

Dr. Willy Mutunga retired as the Chief Justice and President of the Supreme Court at 69, one year ahead of the retirement age of 70. In his farewell speech in the Senate, he advised Senators to desist from engaging in supremacy battles with MPs but instead focus on devolution
 

MPs want Presidential Poll Losers Nominated to Parliament

Justice and Legal Affairs and Constitutional Oversight Implementation Committees want electoral laws amended to allow presidential election losers a backdoor to Parliament. The two house teams want political parties to present their nomination lists to the electoral commission after the general elections. The changes will be made through the Political Parties (Amendment) Bill, 2016 that is currently in Parliament
 

High Court Stays Ugunja MP Suspension

Attempts by Ugunja MP Opiyo Wandayi to have the court lift his suspension from the August House bore no fruits after the High Court denied to grant orders stopping his suspension. The High Court instead asked that the issue be heard on July 6th as it did not find it urgent.

Religious Leaders Demand Motion on Electoral Reforms be tabled

Muslim and Christian leaders are urging legislators to table quickly a motion in Parliament on electoral reforms. They say this will help in fast tracking electoral challenges and ensure a free and fair election in 2017. This is coming at a time when politicians and various civil rights groups have highlighted  challenges bedeviling the Electoral Commission.
 

Quote of the Week

"The Chairperson should clarify the following:- (1) Is the Government aware that the declaration of the retirement of Justices Kalpana Rawal and Philip Tunoi by the Court of Appeal which was upheld by the Supreme Court; and the exit of the Chief Justice Mutunga today has left a skeleton and headless Supreme Court which is technically functionless? (2) In view of the vital role played by the Supreme Court, what is being done to expedite the recruitments to fill these vacancies?"

Sentiments by Sen. Bonny Khalwale while giving a statement on the vacancies in the Supreme Court on June 16, 2016

Read the Hansard

Lest we forget

"Moving forward as a country, it is important to understand that it would be fair if we have few parties with ideologies that people believe in because we have ethicized political parties within regions..."

Sentiments by Sen. Beatrice Elachi while contributing to the debate on Adoption of Mediation Committee report on The Political Parties (Amendment) Bill (Senate Bill No.3 of 2014) on April 27, 2016 .

Read the Hansard

Newsmaker this Week

Gatundu South MP Moses Kuria made headlines after realizing Kenyans had a lot more in common regardless of tribe. This revelation came after he spent four days in a jail cell in Pangani Police Station alongside five others. The legislator who had called for the assassination of former Prime Minister and Opposition leader Raila Odinga has since repented following the ordeal. He is now preaching peace in interviews and articles on newspapers.

... PROFILE

Bills before the National Assembly

First Reading
THE FINANCE BILL
- NO. 20 OF 2016
Sponsored by the Chairperson, Departmental Committee on Finance, Planning and Trade Hon. Benjamin Langat
Second Reading
THE COUNTY ALLOCATION OF REVENUE BILL
- NO. 03 OF 2016 (SENATE BILL)
Sponsored by the Chairperson Budget and Appropriations Committee Hon. Mutava Musyimi
THE KENYA ROADS BILL
- NO. 26 OF 2015
Sponsored by Leader of Majority Party Hon. Aden Duale
THE WAREHOUSE RECEIPTS SYSTEM BILL
- NO. 12 OF 2015
Sponsored by Leader of Majority Party Hon. Aden Duale
THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL
- NO. 04 OF 2015
Sponsored by Leader of Majority Party Hon. Aden Duale
THE KENYA REGIMENT (TERRITORIAL FORCE) (REPEAL) BILL
- NO. 39 OF 2015
Sponsored by Leader of Majority Party Hon. Aden Duale
THE ELECTION LAWS (AMENDMENT) (No.3) BILL
- NO. 63 OF 2015
Sponsored by the Chairperson, Departmental Committee on Justice and Legal Affairs Hon. Samuel Chepkonga
THE VALUE ADDED TAX (AMENDMENT) BILL
- NO. 07 OF 2016
Sponsored by Hon. Wafula Wamunyinyi
THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL
- NO. 06 OF 2014 (SENATE BILL)
Sponsored by the Chairperson, Departmental Committee on Justice and Legal Affairs Hon. Samuel Chepkonga
THE PUBLIC APPOINTMENTS (COUNTY ASSEMBLIES APPROVAL)
BILL
- NO. 20 OF 2014 (SENATE BILL)
Sponsored by the Chairperson, Departmental Committee on Administration and National Security Hon. Asman Kamama
THE POTATO PRODUCE AND MARKETING BILL
- NO. 22 OF 2014 (SENATE BILL)
Sponsored by the Chairperson, Departmental Committee on Agriculture, Livestock and Cooperatives Hon. Ayub Savula
THE COUNTY ASSEMBLIES POWERS AND PRIVILEGES BILL
- NO. 14 OF 2014 (SENATE BILL)
Sponsored by the Chairperson, Departmental Committee on Justice and Legal Affairs Hon. Samuel Chepkonga
Third Reading: Committee of the Whole House
The Miscellaneous Fees and Levies Bill
- NO. 30 OF 2015
Sponsored by the Leader of Majority Party Hon. Aden Duale

Bills before the Senate

Second Reading
THE ORDER OF PRECEDENCE AND TITLES BILL
- NO. 11 OF 2014 (NATIONAL ASSEMBLY BILL)
Sponsored by the Senate Majority Leader Sen. (Prof.) Kithure Kindiki
THE ACCESS TO INFORMATION BILL
- NO. 36 OF 2015 (NATIONAL ASSEMBLY BILL)
Sponsored by the Senate Majority Leader Sen. (Prof.) Kithure Kindiki
THE ENERGY BILL
- NO. 50 OF 2015 (NATIONAL ASSEMBLY BILL)
Sponsored by the Senate Majority Leader Sen. (Prof.) Kithure Kindiki
THE SEEDS AND PLANT VARIETIES (AMENDMENT) BILL
- NO. 43 OF 2015 (NATIONAL ASSEMBLY BILL)
Sponsored by the Senate Majority Leader Sen. (Prof.) Kithure Kindiki
THE PETROLEUM (EXPLORATION, DEVELOPMENT AND
PRODUCTION) BILL
- NO. 44 OF 2015 (NATIONAL ASSEMBLY BILL)
Sponsored by the Senate Majority Leader Sen. (Prof.) Kithure Kindiki
THE COMMUNITY LAND BILL
- NO. 45 OF 2015 (NATIONAL ASSEMBLY BILL)
Sponsored by the Senate Majority Leader Sen. (Prof.) Kithure Kindiki
THE LAND LAWS (AMENDMENT) BILL
- NO. 55 OF 2015 (NATIONAL ASSEMBLY BILL)
Sponsored by the Senate Majority Leader Sen. (Prof.) Kithure Kindiki
THE MICRO AND SMALL ENTERPRISES (AMENDMENT) BILL
- NO. 12 OF 2015
Sponsored by Sen. Kimani Wamatingi
THE NATIONAL HOSPITAL INSURANCE FUND (AMENDMENT) BILL
- NO. 09 OF 2015
Sponsored by Sen. Martha Wangari
THE COUNTY GOVERNMENTS (AMENDMENT) BILL
- NO. 21 OF 2015
Sponsored by Sen. (Prof.) John Lonyangapuo
THE MEDICAL PRACTITIONERS AND DENTISTS (AMENDMENT) BILL
- NO. 02 OF 2016
Sponsored by Sen.(Prof.) Wilfred Lesan
THE AGRICULTURE, FISHERIES AND FOOD AUTHORITY
(AMENDMENT) BILL
- NO. 17 OF 2015 (NATIONAL ASSEMBLY BILL)
Sponsored by the Senate Majority Leader Sen. (Prof.) Kithure Kindiki
Third Reading: Committee of the Whole House
THE POLITICAL PARTIES (AMENDMENT) BILL
- NO. 02 OF 2016 (NATIONAL ASSEMBLY BILL)
Sponsored by the Senate Majority Leader Sen. (Prof.) Kithure Kindiki
THE COUNTY GOVERNMENTS (AMENDMENT) (NO. 4) BILL
- NO. 18 OF 2014
Sponsored by Sen. Kipchumba Murkomen
THE HEALTH BILL
- NO. 14 OF 2015 (NATIONAL ASSEMBLY BILL)
Sponsored by the Senate Majority Leader Sen. (Prof.) Kithure Kindiki
THE NATURAL RESOURCES (CLASSES OF TRANSACTIONS SUBJECT
TO RATIFICATION) BILL
- NO. 54 OF 2015 (NATIONAL ASSEMBLY BILL)
Sponsored by the Senate Majority Leader Sen. (Prof.) Kithure Kindiki
THE FOREST CONSERVATION AND MANAGEMENT BILL
- NO. 49 OF 2015 (NATIONAL ASSEMBLY BILL)
Sponsored by the Senate Majority Leader Sen. (Prof.) Kithure Kindiki
THE PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURAL
EXPRESSIONS BILL
- NO. 48 OF 2015 (NATIONAL ASSEMBLY BILL)
Sponsored by the Senate Majority Leader Sen. (Prof.) Kithure Kindiki
THE FISHERIES MANAGEMENT AND DEVELOPMENT BILL
- NO. 18 OF 2014 (NATIONAL ASSEMBLY BILL)
Sponsored by the Senate Majority Leader Sen. (Prof.) Kithure Kindiki

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