Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 539739,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/539739/?format=api",
    "text_counter": 157,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Odhiambo-Mabona",
    "speaker_title": "",
    "speaker": {
        "id": 376,
        "legal_name": "Millie Grace Akoth Odhiambo Mabona",
        "slug": "millie-odhiambo-mabona"
    },
    "content": "Thank you, hon. Temporary Deputy Speaker. I wish to support the Bill with amendments. This is a timely Bill because it is one of the Bills with a constitutional deadline. I still want to put a challenge to the Committee on Implementation of the Constitution that they need to be more alert and do their work. My worry with this Bill is that the area or discipline of judicial review is a very wide area. Giving six pages of a Bill to it is not doing sufficient justice to that discipline of the law. Having said that, hon. Kaluma, the Member for Homa Bay, has written a whole book on the practice of judicial review. I do not know if his expertise was sought because he sits on the Departmental Committee on Justice and Legal Affairs. I do not know if he would be of the same view. Six pages on the subject of judicial review sound to me like a joke. I worked at the Office of the Attorney-General for three years as a State Counsel. A lot of times, I had to defend matters relating to judicial review of administrative action and it is not one of the most exciting things to do. As a country, we have come a long way. I am glad that the constitutional provision has provided very express provisions that now make it a mandatory right for administrative bodies to not only give information, but to act fairly where the public is concerned. Members have spoken at length about the positives of the Bill. I just want to indicate some of the areas in which I have concerns and which I would want the Justice and Legal Affairs Committee, when looking at it, to see whether they could propose amendments. If that is not possible, then I could bring amendments. I want to look at Clause 4(3)(a). Unfortunately, we do not have a report of the Committee as yet. I would have been interested to note their view on the issue of self-incrimination especially as it relates to Clause 4(3)(a), where it says that a person may appear in person, whether alone or in the company of another person or intermediary of their choice other than a legal representative. I do not understand why at that point we want to exclude a person from attending with a legal representative. Appearing with a legal representative is a matter of right under the Constitution. Clause 5(1)(a), which is a positive provision on issues of administrative action affecting the public says:- “…an administrator shall – (a) issue a public notice of the proposed administrative action inviting public views in that regard.” The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}