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{
    "id": 541552,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/541552/?format=api",
    "text_counter": 370,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 10 of the Bill be amended by— (a) deleting sub-clause (1) and substituting therefor the following new sub- clause— (1) An application for judicial review shall be made by notice of motion to the High Court, and shall be heard and determined without undue regard to procedural technicalities. (b) deleting sub-clause (3). What we are seeking to do is to delete Sub-clause (1) in Clause 10 and substituting therefor the words that are contained in the Order Paper which reads as follows: “An application for judicial review shall be made by notice of motion to the High Court, and shall be heard and determined without undue regard to procedural technicalities” The courts have always been very technical in the manner in which they address issues that are brought within the purview of judicial review applications. What we want to do is to remove the possibility of courts dismissing judicial review applications by using technicalities. So, we are saying that those applications that are brought before court should not necessarily be dismissed because they are procedurally incompetent. We want to emphasize focus by the courts on the substance of the application and not procedural technicalities."
}