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"speaker_name": "Mr. Mututho",
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"legal_name": "John Michael Njenga Mututho",
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"content": "Mr. Temporary Deputy Speaker, Sir, I rise to support this Bill. In supporting this, I want to echo what the Minister has just said that there are 5,000 pending cases. Under the circumstances, therefore, I would propose necessary amendments, so that we have more than one judge because it is not humanely possible for one person to hear and determine handle all those cases. With the enhanced Bill of Rights, it is not technically possible for somebody to hear 5,000 cases and determine them correctly and adequately, particularly given the lengthy time it takes to sort out labour disputes. I have an issue with the name of the court. I would propose that you retain industrial court because we should be in harmony with the rest of the world. There is no adequate explanation given as to why we should differ from this. But by definition, we shall delimit ourselves and exclude ourselves from certain proviso if we do not come on to the industrial court. On the issue of members we would propose that the Cabinet Secretary provides for regulations on the conduct of the members who sit in this particular court. One among them is the attendance which has been an issue in the past so that a member who does not, say, appear in three consecutive or two consecutive times without adequate reason, then that member is also knocked off from the list. Another provision which would be adequate is that at every sitting of a court to have at least two members from the opposing camps; that is the COTU and the FKE. Each one of them appoint a member so that when the judge is determining a particular case, he has other two members to help him. We should also harmonize other things too so that, that judge enjoys the same benefits that are enjoyed by other Judges of the High Court. He has met the minimum qualification and, therefore, he should enjoy the status of a High Court Judge."
}