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{
    "id": 1400463,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1400463/?format=api",
    "text_counter": 151,
    "type": "speech",
    "speaker_name": "Sen. Cheruiyot",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 13165,
        "legal_name": "Aaron Kipkirui Cheruiyot",
        "slug": "aaron-cheruiyot"
    },
    "content": "know the frequency of updating the master valuation role with our various county governments. Within what time should it be updated, so that the same can be are property owners in Kisumu who, on one file, you find the valuation for the owner, reads the value of 1990 and the next one, since they purchased it recently, they have a more recent value of 2023. Is that fair? It is not fair. This is why we are proposing to have this standardized. Clauses 26 to 36 of the Bill contain provisions on the valuation rating. This part provides the general basis of valuation, declaration of ratable areas, methods to be used for valuation, preparation and contents of valuation roles, supplementary valuation, and alteration. Publication of role, objections thereof, and exceptions are provided for in part. The uncontested draft valuation role and the draft supplementary role are also provided for in Clause 35 of the Bill. Clauses 37 to 53 contain the provisions of the national rating tribunal. This part seeks to establish a tribunal with part-time members. The jurisdiction of the tribunal is specified under Clause 39. The part also provides for the conduct of proceedings, the quorum, declaration of disclosure of interest, powers of the tribunal, remuneration, penalty or failure to comply with the tribunal's lawful order and appeal mechanisms from the tribunal. This is the setting up of the tribunal that will listen to these disputes. However, I am a bit concerned by the issues of tribunals. It is good that Senior Counsel Sen. Omogeni and many other lawyers are here. The reason we set up tribunals in our law is because it is expected that they will be the first court of reporting when there is a dispute. However, there is an emerging practice where Judges, either in the High Court or magistrates, are listening to matters that have not originally been dealt with at the tribunal level, for example, a sports dispute. Political parties also complain that there are many instances where you find a Judge making a determination over a matter that has not been discussed at a particular tribunal. Environmental tribunals exist. You will find petitioners rushing to the High Court and the Judge makes pronouncements on this issue. Then why do we set up tribunals? The reason why we set up these tribunals is that it is believed that these little courts have got the known expertise on that particular field, better than any other individual outside that particular jurisdiction. They can dispense, listen to the issues that are being canvassed and make proper determination. Therefore, this is an area of serious concern. I hope that the Chief Justice, together with those that serve in the Judicial Service Commission (JSC), will consider and properly issue guidelines to the members of judiciary on the various tribunals. This is so that the particular tribunal that we are setting up does not suffer the fate like many of these tribunals that we have in the country that are often by- passed. This is normally done by the petitioners who head to High Court and immediately get attention on their matters without first going through the set procedure. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}