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{
    "id": 1035228,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1035228/?format=api",
    "text_counter": 280,
    "type": "speech",
    "speaker_name": "Kangema, JP",
    "speaker_title": "Hon. Clement Kigano",
    "speaker": {
        "id": 13358,
        "legal_name": "Clement Muturi Kigano",
        "slug": "clement-muturi-kigano"
    },
    "content": "The second Act was the Political Parties Act. This was spent through the House Business Committee so I have no comments on that. The second substantive amendment falls under the Kenya National Commission on Human Rights (KNCHR). That amendment sought to include the KNCHR as the party that approves and ratifies treaties. However, the Treaty Making and Ratification Act No.45 of 2012 recognises the Office of the Attorney-General as the domiciled department on matters concerning treaties. They have no justification to usurp the powers of the Attorney-General. We seek to delete that amendment. The next law is the Kenya Law Reform Commission Act. We seek to delete the proposed amendment and substitute Section 8(1) (b) of the Act with a new subsection (b) to be one member appointed by the Attorney-General through an open and competitive process. That refers to the members of the Commission. In the second amendment, we seek to stipulate that the member, thereof, shall be an advocate of the High Court. We seek to insert those words immediately after the words “Law Society of Kenya” appearing in the proposed amendment to Section 8(1) (c) of the Act. There is again justification for this. The provision clarifies that the representative of the Law Society of Kenya be an advocate of the High Court to avoid the possibility of unqualified persons like the persons who the erstwhile Member of Parliament, Hon. Ichung’wah, spoke of as being quacks, being appointed to be members of the Kenya Law Reform Commission. You must be an advocate of the High Court. In the third amendment, we seek to insert the words “appointed under sub-section 1(ca), (d) and (e) immediately after the words “Chief Justice” appearing in the proposed new Section 8(3) of the Act. There is justification for this. We need to clarify that the public officers appointed as members of the Kenya Law Reform Commission under those provisions are the ones being designated as ex officio. The last amendment under my Committee domicile is the Court of Appeal (Organisation and Administration) Act No.28 of 2015. The Chief Justice, through his office, sought an amendment to Section 26(1) to increase the period during which judges who serve in the Court of Appeal shall recess, in addition to normal leave days. The Committee was of the view that increasing the duration of the court recess will lead to an increased case backlog in the Judiciary leading to additional costs to litigants and other stakeholders in the law and justice sector. We seek to delete that amendment that was sought by the Chief Justice. With those remarks concerning the four Bills that fall under the Departmental Committee on Justice and Legal Affairs, I beg to second and call other Committee Chairpersons to speak about their own amendments."
}