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"id": 207079,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/207079/?format=api",
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"type": "speech",
"speaker_name": "Ms. Abdalla",
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"speaker": {
"id": 245,
"legal_name": "Abdallah Jumaa Ngozi",
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"content": "Thank you, Mr. Temporary Deputy Speaker, Sir. On behalf of the Departmental Committee on Administration of Justice and Legal Affairs, I wish to elucidate the components within our Report. This Bill was forwarded to our Committee on 3rd July, 2007, and we went through it thoroughly. While we were compiling the Report, we consulted with the Judicial Service August 23, 2007 PARLIAMENTARY DEBATES 3457 Commission, the Law Society of Kenya (LSK), the National Association of Auctioneers, the Kenya National Commission on Human Rights (KNCHR) and the United Civil Society Coalition for HIV/AIDS, Tuberculosis and Malaria. After compiling our Report, we also had a session with the Director of the Kenya Anti-Corruption Commission (KACC). Mr. Temporary Deputy Speaker, Sir, it is the view of our Committee that the Statute Law (Miscellaneous Amendments) Bill is meant to carry amendments that cannot warrant the introduction of a substantive Bill on the subject. However, we have noticed in the last two years that these Bills have been used to sneak in things that the Executive feel would draw attention of Members of Parliament. So, they use the Statute Law (Miscellaneous Amendments) Bill to sneak in things or try to pass things that are not palatable to Kenyans. Mr. Temporary Deputy Speaker, Sir, as a Committee, we feel that the KACC needs assistance to become more effective. However, we believe that the amendments that have been proposed need to be further looked into by KACC as they, mainly, do not comply with the Constitution. We, therefore, wish to propose substantive amendments to the recommendations made by the Attorney-General. We feel that, that would rather be brought here in the form of constitutional amendments so that he can deal with the issues that we have problems with. One of the proposed amendments is to do away with personal service in the case of petitions. The amendment proposed by the Attorney-General purports to completely do away with personal service. We are proposing an additional amendment so that we do not completely do away with personal service, but add that if somebody wants to serve you and is unable to get you, they can also publish in the Kenya Gazette and the daily newspapers. Mr. Temporary Deputy Speaker, Sir, on the Judicature Act, it is the opinion of the Committee that the proposed 70 judges will not be sufficient. Despite the fact that the President told us, when he was here last, that Kenya should have, at least, 200 judges within the very near future, we felt that it was important to propose further amendments by increasing the number of puisne judges and judges of the Court of Appeal from 70 to 75 and from 14 to 15 respectively. Mr. Temporary Deputy Speaker, Sir, when consulting with the Judicial Service Commission, we were meant to understand that it does not advertise for the post of judges. There was an opaque method through which the names of people to be appointed judges came to them. So, in view of the fact that we had a mishap in the last swearing in of the last three judges, we are proposing an amendment that will ensure that the Judicial Service Commission advertises for vacancies in the Gazette Notice, conducts interviews and based on that advice, proposes names to the President rather than names appearing from opaque sources."
}