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{
    "id": 1105697,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1105697/?format=api",
    "text_counter": 379,
    "type": "speech",
    "speaker_name": "Homa Bay CWR, ODM",
    "speaker_title": "Hon. Hon. (Ms.) Gladys Wanga",
    "speaker": {
        "id": 590,
        "legal_name": "Gladys Atieno Nyasuna",
        "slug": "gladys-atieno-nyasuna"
    },
    "content": "This Bill has 18 clauses. It seeks to amend the Tax Appeals Tribunal Act of 2013. Clause 2 seeks to repeal Section 4 of the Act and to substitute it with a new section to provide for composition or the members of the Tribunal to be appointed by the JSC. The Clause further seeks to amend the Act by introducing New Sections 4A and 4B, providing for qualification of members of the tribunal and appointment procedures. The third clause seeks to amend Section 5 of the Act to provide that service by the chairperson and members of tribunal shall be on full time basis. The Leader of the Majority Party explained that we have a huge backlog of cases within those tribunals and the fact that the tribunal has been operating part time has partly contributed to that backlog. Having members of the tribunal on full time basis will help clear the current backlog of 500 un- heard appeals. We currently have 500 appeals that are yet to be heard before that particular Tribunal. Therefore, we want to urge that after this law is passed, and the members of the tribunal will be operating on a full time basis, then they should work on expediting the hearing of those cases. What cases are taken before the tribunal? They are huge tax disputes. You probably have a tax dispute of a large sum of money and you have to wait for two or three years before it is heard. Yet, the value of that sum remains the same. This is the true demonstration of the fact that justice delayed is justice denied. On that front, the Committee supports the action of making the members of the tribunal full time. It will not be full time to rest, but full time to process cases. The other day, I heard the interview by the Chief Justice, Lady Justice Martha Koome, and she said that one of her biggest priorities is reducing the backlog of cases within the Judiciary. Actually, that is a huge and important priority. I would like to encourage her, now that those tribunals are going to the JSC; it is for her to actually undertake to expedite those cases. Clause 4 of the Bill contains a proposal to amend the Act by repealing the current Section 7 and replacing it with a New Section 7. The New Section 7 provides for staff of the tribunal, including the secretary to the tribunal, to be appointed by the Public Service Commission. The Committee has a different view on this particular clause. Later on, I will be speaking to the proposals that were given through public participation, and some of which the Committee agrees with as far as the appointment of the staff of the tribunal is concerned. That is because if you have the JSC, why would you have the Public Service Commission appointing staff of a judicial body? It is like asking parliamentary staff to be appointed by the Public Service Commission and yet, you have a standing Parliamentary Service Commission that is responsible for the staff of Parliament constitutionally."
}