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Archive for the tag “Approval of Parliament”

The Members of Parliament in Kenya take the power to levy laws “after the approval of Parliament” and nobody else.

Kenya Parliament

There are the questions in this day and age where the power of men is unstoppable. Where the Men and Woman in Parliaments use their opportunity to take shortcuts and ways to generate more power if possible! This is what has happen today in the Kenyan Parliament as they want to secure their power and their will to make laws with their approval and nobody else.

The initial act of the amendment is setting the precedence for the approval rating and the grander gesture of the Parliament as they will have deciding effect of the lawful assembly. Not anybody else, as the Parliament can act on their own and the chambers of the Parliament decide the laws and levy them.

Here is the original text from the 2010 Constitution:

“(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution” (Constitution 2010 Kenya).

The Purpose:

“The Bill proposes to amend Article 2(6) of the Constitution in order to ensure that both Houses of Parliament are involved in the treaty and convention making process, so that all treaties and conventions would only become law after approval by both Houses of Parliament” (Constitution Amendment Bill 2015).

The Actual Amendment:

“Amendment of Article 2 of the Constitution: Article 2 of the Constitution is amended in clause (6) by inserting the words ―”after the approval of Parliament” at the end of the clause” (Constitution Amendment Bill 2015).

So after the vote in Parliament the Constitution will say something else, which gives certain powers to the people, the representative and so on; that is why the Constitution is set the standard of what country should have as a national level of law and justice. That is what a constitution does. So today there become a law into action made by the Representative, Members of Parliament decide to give themselves more power. As this simple added sentence into the constitution. As with the amendment will say this:

“(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution after the approval of Parliament”.

So there you have it. What the Parliament wants to succeed doing in own powers and nobody else. They can approve laws without anybody else through Parliament. That gives the Members of Parliament the rights to carte blanche to approve the bills into law. So the Modus Operandi will be that the MPs can through approval get it ratified into law. That is really securing POWER of the MPs and nobody else, as the approval is given them power over the judiciary and the Parliament can therefore override the “experts” on laws as they can make it on their own behest. Seems like something CS Nkaissery who likes all the power in his hands. Though has not the imprint on this as the Committee that was set-up fixed this one and other change to the law; this is one added sentence, but the law entitled lots of more as the amendments is 65 pages long. So if you want to study the changes you should. Peace.  

Reference:

The General Suggestion for the Draft Constitution of Kenya (Amendment) Bill, 2015

The Constitution of Kenya 2010

Hon. Nasasira’s new curse-word: “and with the approval of Parliament”, as he wants to rewrite the Ugandan Communication Act of 2013 with the new amendment!

VPN 18.02.2016 P2

I will here go through the piece of the Communication Act of 2013 sub-section 93 Regulation, where the Ministry of Information and Communication Technology (MoICT), the man who is the sponsor behind the new amendment of the act in 2016, happens to be the Minister of ICT Hon. Eng John Nasasira, he is now repealing a sentence from the law; he is not rewriting the law in a big part or changing the whole law. He is just crossing over a sentence, but that sentence gives the Minister less power, as if he uses the Communications Act of 2013, he have together with the UCC go to Parliament to get it approved for using the act; That is the major fact! And Hon. Nasasira want to do as he please without questions, open accountable actions or with the consent of other people than himself, he want this to be like the Public Order Management Act or the Public Finance Management Act; where the Police or Ministry can go into the Bank of Uganda without having approval of the Parliament to use those laws, this is the same Hon. Nasasira wishes to do. Take a look!

UCC

The Communication Act of 2013:

“93. Regulations.

(1) The Minister may, after consultation with the Commission

and with the approval of Parliament, by statutory instrument, make

regulations for better carrying into effect the provisions of this Act

(2) Without prejudice to subsection (1) the Minister may make

regulations relating to—

(a)fees payable upon the grant or renewal of a licence”.

The new Uganda Communication Act Amendment of 2016 says this:

“1. Amendment of Act No. 1 of 2013.

The Ugandan Communication Act 2013 is amended in section 93 (1)

By the repealing of the words “and with the approval of Parliament”.

(I am just saying) If they do repeal it, since it is not yet voted in the amendment of the law.

Then it would be written like this:

“The Minister may, after consultation with the Commission, by statutory instrument, make regulations for better carrying into effect the provisions of this Act”. 

UCC 23.02.2016

Afterthought: 

That makes the simple matter that the Uganda Communication Committee can act without the approval of the Parliament and under regulation of the minister. That gives the minister the opportunity to act on his or her own without asking or questioned by the Parliament, that means that the powers of the minster is getting stronger, as the Minister of Information and Communication Technology, does not need the contact as the repeal of the law will give way to the Ministry of ICT.

The man behind the amendment is Hon. Eng John Nasasira he is the Minister of Information and Communication Technology (MoICT), so the man who support the amendment wants to give himself a bigger mandate without having to talk his arguments for using the Communication Act of 2013 can use with consent of the UCC, but does not need to get approval or tell anybody in Parliament! So the representative of the people and elected people does not have to power to question the MoICT and UCC for their actions, as the Ministry can on their own use the Act as they please, not according to the Parliament as a lawful provider and the custodian of the laws, as it is supposed to be.

So if you catch my drift the amendment will give more power the minister who oversees the law and the UCC, can use the act as they please, if they amend this amendment. The repeal of words gives the opportunity for the minister to use the extended law without questioning or accountability from the Parliament. So the Parliament should not accept this as this is a way of grabbing more power in a ministry and gives the minister more power. This is an example of draconian law where the minister eats the cake, control the cake and dispense the cake, without being questioned about how he share and show the cake. Hope you follow? Peace.

Reference:

The Ugandan Communication act 2013 – 18.01.2013

The Ugandan Communication (Amendment) Act 2016 – 11.03.2016

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