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{
    "id": 207043,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/207043/?format=api",
    "text_counter": 188,
    "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. Deputy Speaker, Sir, the Bill also proposes amendments to the Criminal Procedure Code, Cap.75, so as to abolish the system of trial with aid of assessors in the High Court to ensure speedy, more efficient, cost-effective and fair trials in accordance with the present day conditions in Kenya. It is noteworthy that whatever the verdict of assessors is, it is not binding on judges. So, this is a cumbersome procedure which is not helpful at all. Also, it just increases the backlog and delays the finalisation of hearing of cases. Mr. Deputy Speaker, Sir, the Bill also provides that where an accused person has been held in custody prior to sentencing, the sentence eventually passed, shall take into account the period spent in custody. We know because of the huge backlog of cases, some people are spending upwards of five years in custody. It is only fair that the period they serve in custody be taken into account during sentencing. Mr. Deputy Speaker, Sir, the Bill proposes to amend the Evidence Act, so as to enable confessions made before a judge, magistrate or police officer, not being the investigating officer of the rank of not less than chief inspector of police. The Attorney-General shall make rules regulating the making of confessions in all instances where the confession is not made in court. This will, again, allow confessions to be taken in a responsible manner. August 23, 2007 PARLIAMENTARY DEBATES 3439 It also proposes amendments to the Housing Act, Cap.117 to empower the National Housing Corporation (NHC) to take over the title of any property developed by a local authority using funds provided, secured or guaranteed by the corporation and which subsequently defaults in repayment. The Bill also provides that the corporation shall upon such take-over compensate the local authority for their undeveloped site value of the property. Mr. Deputy Speaker, Sir, we know of very many instances."
}