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{
    "id": 28049,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/28049/?format=api",
    "text_counter": 583,
    "type": "speech",
    "speaker_name": "Mr. Were",
    "speaker_title": "",
    "speaker": {
        "id": 153,
        "legal_name": "David Aoko Were",
        "slug": "david-were"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, I thank you for giving me this opportunity. I also give support to this Bill except that I want to look into a few clauses which I think make this Bill ambiguous. I will begin with Clause 5(1)(b), which talks of the composition of the courts. In paragraph (b), we are providing for such number of judges as may be determined by an Act of Parliament pursuant to Article 165(1)(a) of the Constitution. What I do not understand is why we need another Act of Parliament to prescribe the number of judges that will be in this court when we could as well provide for it in this same Act. So, this is something we should look at in this very Bill rather than have another Act of Parliament to prescribe the number of judges that will sit in this court. The next clause I would like to talk about is Clause 5(3), which says that the principal judge shall hold office for a term of not less than five years. If we are talking of not less than five years, it means we do not have an upper limit. It means that this person can serve for even 100 years. So, when will you renew his contract? So, when do you renew this contract because we are saying that the judge can be re-elected for another five years? If he is already serving for not less than five years, when will you re-elect? I think this is something that should be looked at because we can only re-elect if we have a definite term. Therefore, there must be a term that ends then we restart. Mr. Temporary Deputy Speaker, Sir, I have also looked at Clause 23 on the Employment and Labour Relations Rules Committee. If you look at Clause 23(b) (iii), it says:- “one person, not being a lawyer, appointed from two nominees, one woman and one man, with experience in employment and labour relations in Kenya” Where do you pick these people from? Where do they come from? Who provides these two names so that we can pick one from the two? Where will this one woman and one man come from? I think this is ambiguous and it should be determined where they will be picked from so that they will be nominated. Mr. Temporary Deputy Speaker, Sir, if you look at parts (iv) and (v) down there is says:-"
}