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{
    "id": 221016,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/221016/?format=api",
    "text_counter": 272,
    "type": "speech",
    "speaker_name": "Mr. Wetangula",
    "speaker_title": "The Assistant Minister for Foreign Affairs",
    "speaker": {
        "id": 210,
        "legal_name": "Moses Masika Wetangula",
        "slug": "moses-wetangula"
    },
    "content": " Mr. Temporary Deputy Speaker, Sir, in fact, I was coming to that. Once Clause 21(3) is deleted, Clause 21(4), which creates an offence that will be challenged even constitutionally--- Because people have the right to hold opinions or write what they want to, as long as they do not offend the libel law. So, if we delete Clause 21(3), Clause 21(4) must also go. That is because the offence it seeks to create will have gone out of the statute. I want to urge the Minister to take that into account, because we are May 17, 2007 PARLIAMENTARY DEBATES 1471 trying to help him create a good law in this country. Mr. Temporary Deputy Speaker, Sir, Part IV of the Bill is very grey on the relationship between the subordinate labour courts and the National Labour Court (NLC). I know that Clause 39 says:- \"An Appeal shall lie from any decision of a subordinate labour court to the National Labour Court.\" That is fine. But, throughout the Bill, we are not told what disputes will go to the subordinate labour courts and which disputes will go to the NLB. If one is appellate, then we must define that. In the High Court we say: \"Magistrate courts have jurisdictions. If you have a dispute of Kshs500,000 or Kshs1 million, you can go to this court. Beyond this, you can only go to the High Court.\" So, the Minister needs to refine and define the relationship between the two courts, so that those with disputes may know which court to go to first. If you want to go to the subordinate labour courts or the NLC, you know where to start. That will make things better and neater. We do not need to have, for example, a dispute between a maid and an employer going to the NLC, and an industrial dispute going to the subordinate court and vice-versa. It is good to have a good flow on how those disputes could access courts."
}