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{
    "id": 541560,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/541560/?format=api",
    "text_counter": 378,
    "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 11 of the Bill be amended— (a) in sub clause (1)— (i) by deleting the words “pursuant to 8(1)” appearing immediately after the word “review”; (ii) by deleting the words “excess of its jurisdiction or from engaging in an activity beyond the scope of its powers” appearing immediately after the words “acting in” in paragraph (c) and substituting therefor the words “a particular manner”; (b) in sub-clause (2) by inserting the words “and other monetary compensation” immediately after the word “costs” appearing in paragraph (d) What we are seeking to amend is Sub clause 1 of Clause 11. We are seeking to delete the words “pursuant to section 8(1)”. That reference is redundant and superfluous. It does not make sense because if you read it says, “in proceedings for judicial review pursuant to Section 8(1).” That is completely unnecessary. We are seeking to delete that so that the sentence reads as follows: “In proceedings for judicial review, the court may grant, without restricting the power of the court to a particular section.” Secondly, we are seeking to delete the words some words in Paragraph © of Clause 11(1). We propose to delete the words, “excess of this jurisdiction or from engaging in an activity beyond the scope of its power” and replacing them with the words, “a particular manner”. We are seeking to expand the power of the court to compel administrative authority to refrain from acting in any manner depending on the circumstance of each case. The current provision only provides for two scenarios where the court can exercise this power. That is why we are saying it is rather limiting. The other proposal we are making in Clause 11(2) is to insert the following words: “and other monetary compensation” immediately after the word “costs”. We are seeking to expand the range of orders that accrue to persons seeking judicial review to include an order for compensation as provided in Article 23 of the Constitution. This is a fundamental change in our own judicial precedence. Previously, if you went in by way of judicial review to seek declaratory orders of your rights, once the court declared that your rights were infringed, it would not compensate you. It would tell you to file an ordinary 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."
}