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{
    "id": 1341618,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1341618/?format=api",
    "text_counter": 221,
    "type": "speech",
    "speaker_name": "Tharaka, UDA",
    "speaker_title": "Hon. George Murugara",
    "speaker": null,
    "content": "amend many Acts without bringing many Bills to the House that touch on each Act. That is the long process that is required by our laws. Hon. Temporary Speaker, we propose to amend several Acts. I will begin with the Judicature Act, the first in the Memorandum of Objects to the Bill. The Departmental Committee on Justice and Legal Affairs was the lead Committee regarding this Bill. We considered some of the amendments, including amendments to the Judicature Act. One amendment proposed increasing the number of Court of Appeal judges from 30 to 70. We will debate this, especially during the Committee of the whole House Stage, and determine whether we should increase the number from 30 to 70 and whether or not the number is too high. However, there is room for an increase between 30 and 70. The Committee Report is evident on our proposal to settle at 45. We believe that is reasonable and urge the House to support it. There are other proposed amendments, including the amendment to the Appellate Jurisdiction Act. We must ensure that our laws align with the Constitution because some of our current laws are very old. They were passed during colonial times when the structure of Government was different, especially from the one we got during the promulgation of the Constitution of Kenya 2010. That is why you hear that the Penal Code and the Criminal Procedure Code are being amended because the Government Prosecutor at that time was the Attorney-General. He had a department that conducted public prosecutions. Today, the ODPP conducts investigations. Therefore, it is necessary to amend some of these laws to align them with the constitutional provisions in the new Constitution of Kenya, 2010. There is also the Vexatious Proceedings Act. Some of these laws may sound new to everybody. What are vexatious proceedings? You have heard many people say that one Senator is a vexatious litigant. You do not become a vexatious litigant until you are declared so by the courts. That is the reason why many people go to court. Some are fully vexatious. They go there to vex and annoy people and ensure that the Government is not happy with them. Previously, the Attorney-General would apply to have you declared a vexatious litigant. We have to amend this law to ensure that it is not the Attorney-General who should apply but the ODPP. Someone alluded to the Bribery Act. These are some Acts whose titles make you wonder what laws they are. What is the Bribery Act? What is the Witchcraft Act? In essence, the title of an Act of Parliament is supposed to tell you the positive thing the Act does. Therefore, people may think that the Bribery Act allows Kenyans to bribe, but it is not so. The amendment to that Act clarifies that it is the Anti-Bribery Act and not the Bribery Act. It should be known as the Anti-Witchcraft Act and not the Witchcraft Act. Many people may think that under the Witchcraft Act we are allowed to become witches, wizards, sorcerers and other associated things. It is supposed to be ‘anti-witchcraft’ all the way down. I must confirm there was extensive public participation. Courts say that we do not conduct public participation with the Statute Law (Miscellaneous Amendments) Bill. There was extensive public participation. The reports produced by all the committees that considered these Acts show that people appeared before them and aired their views which were taken into consideration. Therefore, at the Third Reading of this Bill, we will be stating the proposed amendments so we can make them better than they are. With those remarks, I beg to support."
}