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{
    "id": 1334471,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1334471/?format=api",
    "text_counter": 384,
    "type": "speech",
    "speaker_name": "Tharaka, UDA",
    "speaker_title": "Hon. George Murugara",
    "speaker": null,
    "content": " Thank you very much, Hon. Deputy Speaker. I rise to support the Statute Law (Miscellaneous Amendments) (No.2) Bill (National Assembly Bill No.68 of 2023). The Leader of the Majority Party and the Deputy Leader of the Majority Party have elaborated on the proposals being made. It is important to note that a Miscellaneous Amendment Bill does not make substantive amendments to Acts of Parliament. It brings routine amendments which do not have a lot of impact on the proposed law or Act of Parliament being amended. This is the case here, having gone through the various laws proposed for amendment. Most important is to confirm that when this Bill was read a First Time, the various laws were committed to committees of this House, which had instructions to conduct public participation. Therefore, it does not behove on anyone to say this law was passed by Parliament without public participation. My Committee - the Departmental Committee on Justice and Legal Affairs - conducted public participation yesterday. We made an elaborate report which is available for Members to study, as soon as it is tabled in the House, together with the reports of other committees that looked at the various proposed amendments. Most of the proposals are routine and do not merit a lot of arguments because they are purely aligning or making the law applicable and better than it is. This applies to the Oaths and Statutory Declarations Act which will enable magistrates to administer oaths and affirmations when they are appointed. The Advocates Act proposes that the LSK Council will make laws as far as admission of advocates is concerned. There was a bit of hesitation on this and there may be a proposed amendment. This is because the issue of admitting advocates under the Advocates Act is a preserve of the Chief Justice, who is supposed to promulgate any rules and regulations. The Report by the Departmental Committee on Justice and Legal Affairs will look into this. If there are proposed amendments, they will be moved during the Third Reading of the Bill. The same applies to the Notaries Public Bill with which magistrates have to become notaries public. The problem with that is even for advocates to become notaries public, they must have practised for at least five years. We cannot have a magistrate appointed after three years of admission becoming a notary public straight away. We have to look at this. The Civil Procedure Act which is the Act that encompasses the law regarding hearings of civil matters, is proposed to be amended so that the composition of the Rules Committee is slightly enhanced especially the appointment by the Law Society of Kenya. We observe that, that may actually be necessary because advocates are the greatest consumers of the Civil Procedure Act and the rules that are made there under."
}