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{
    "id": 207041,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/207041/?format=api",
    "text_counter": 186,
    "type": "speech",
    "speaker_name": "Ms. Karua",
    "speaker_title": "The Minister for Justice and Constitutional Affairs",
    "speaker": {
        "id": 166,
        "legal_name": "Martha Wangari Karua",
        "slug": "martha-karua"
    },
    "content": " Mr. Speaker, Sir, If I may continue, this Bill also proposes amendments to the National Assembly and Presidential Elections Act, Cap.7, which seeks to remove the requirements of personal service of election petitions on the respondents. Conscious that we had fully discussed this Bill during the last Session, I will move very quickly. There are proposed amendments to the Judicature Act, Cap.8, which the Bill proposes to amend to increase the number of Puisne Judges of the High Court; from 50 to 70 and the Judges of the Court of Appeal; from 11 to 14, so as to address the current shortage of judges in the country and also the backlog of cases in our courts. Mr. Speaker, Sir, the Bill proposes also to amend the Advocates Act, Cap.16 to empower the Attorney-General to grant exemptions from the provisions of the Act requiring a practising certificate for advocates who are public officers upon application to that effect by the organization concerned. It also proposes amendments to enhance the role of the Chairman of the Law Society of Kenya (LSK) in admission of advocates and the establishment of regional disciplinary committees at par with current centrally-based committee. 3438 PARLIAMENTARY DEBATES August 23, 2007 Further proposals to the Law Society of Kenya Act, the Bill proposes to extend the term of office of the Chairman of the LSK and the Council to two years and to require that all persons offering themselves for election as chairmen or vice-chairmen of the society be current members of the Council. Currently, the term of the Chairman and Council of the LSK is one year and this is considered a very short period. It also proposes to empower the Council to hold meetings in any part of the country as opposed to now when meetings are only held in Nairobi. Mr. Speaker, Sir, another important proposal relates to amendments to the Limitations of Actions Act, which proposes to amend the Act to exclude suits for the recovery of compensation in respect of laws or damage of public property from the provisions of the Act. Currently, the suits for recovery of property acquired through criminal acts or any other property illegally-acquired, cannot proceed if, in certain cases, it has gone beyond six years or three years. It is important that public property be exempt from civil suits. This proposal does not offend the Constitution which only provides that for criminal cases, the law shall not act retroactively. There are also proposals to amend the Chattels and Transfer Act, Cap.28 to empower the responsible Minister to make regulations under the Act through which may be prescribed fees payable on registration or renewal of registration of instruments under the Act. The fees are currently provided for under Section 8 and 10(5) of the Act which is proposed to be deleted. The proposed amendment is expected to remove the need for frequent amendments to the Act. So, whenever it is deemed necessary, the fees can be reviewed by the Minister concerned without recourse to Parliament. Mr. Speaker, Sir, there are also proposals to amend the Penal Code, Cap.63 which is to harmonise the punishment for offences of corruption and economic crimes under the Penal Code and the Kenya Anti-Corruption and Economic Crimes Act, 2003. In addition, it proposes to criminalise hate speech by classifying it as subversion. It also proposes to broaden the definition of \"idle\" and \"disorderly person\" and enhance the penalty for it in order to cover offences involving harassment of tourists and, I would say, of other persons. This is necessary and it would enable harmonisation of the Kenya Anti-Corruption and Economic Crimes legislation and the Penal Code."
}