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"type": "speech",
"speaker_name": "Ol Kalou, JP",
"speaker_title": "Hon. David Kiaraho",
"speaker": {
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"legal_name": "David Njuguna Kiaraho",
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"content": "As Hon. Oundo said, I think that in the 1990’s, there was a Commission constituted to look at the Distress Act, and they came up with a very well thought out document. In my view, I feel that at the Committee level, including those who contributed as we came up with this Bill, we should not water down what was achieved earlier. This is one very sensitive area and the main objective is to come up with a well harmonised document which will protect both the landlords and tenants. I feel that some of these issues need to be looked at in a very sober manner. If need be, we can get the input of professionals, if at all we have not achieved what we are looking at. This is one area we cannot afford to jump into because it can be a recipe for chaos. Looking at some of the issues in the Bill like timelines of dispute resolution by the tribunal. Clause 7 states that the tribunal must determine a dispute within three months, failure to which the Chairperson shall record the reasons and immediately fix a date. Even with the best intentions, the dispute resolution process can be dragged on by parties resulting into losses and inconveniences and, worse, parties intentionally breaking the law as the required process is ineffective. A suggestion is to provide a maximum of 45 days within which disputes must be resolved with the following timeframe. An applicant to lodge dispute together with supporting evidence on day one; a respondent to provide its response within 14 days; and the tribunal to make a determination within 14 days. This totals to 35 days and, therefore, leave a balance of an additional 10 days within the maximum prescribed 45 days. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}