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"content": "who want to complain to the CAJ will have liberty to do so, under the CAJ Act. Then the CAJ will be required to comply with the provisions and decisions set out under the Act only that they would not be able to be in a position as a judicial body or make the decision that would be considered judgments or rulings. Since the law and the Constitution contemplated that the CAJ would act for a period of five years. We have proposed in an amendment that will come at the Third Reading stage that the successor who is contemplated to be the commissioner of human rights under the Constitution, would then take over the work that was going on at the CAJ. I want to rest and allay the fears of any person, any litigant in court today who is worried that the cases that they have before the High Court would be affected by this law. We have provided, in an amendment, for a transition of the cases that are currently being handled by the High Court under order No.53, so that they are not affected by the fair administrative action Bill. I want to tell litigants and Kenyans that the days that their rights under the procedure called judicial review in court was limited, is now gone because we have now come up with a Bill that would encompass larger rights and larger room for them and their rights to be addressed by the courts. The Chief Justice would then be called upon to have to ensure that it is done. Mr. Temporary Speaker, Sir, on the question of regulations, in the past the law has been passed on regulations without a timeline. We had a presentation by CAJ yesterday that there is a law in this country which was passed in 2004 which provided for regulations. However, up to now, they have not been done. We have made provision that there should be a limitation from the time this Act becomes law, for the Cabinet Secretary to have regulations which would then come to Parliament for Approval. We are trying to change the practice from the one that is in the PFM where the regulations are, first of all, gazetted then approved. It would be required under this law that those regulations are drafted and brought to Parliament for approval by both Houses. Mr. Temporary Speaker, Sir, we have amended in several places, especially the repetitions that were set out there. We have retained some of the things that the National Assembly removed and some definitions of who ‘an administrator’ under this Act is, to conform to the definition of a person as interpreted under Article 260. With those few remarks, I beg to support this Bill. It should become an Act of Parliament as quickly as possible so that the private or public bodies or any person who will make a decision that will affect a Kenyan, would then be required to follow a process. What we have been in the past about looking for - judgment both in common law and other jurisdictions - is a thing of the past. The ruling of Tanker De Souza Versus Tanker Town Council, the celebrated case, are all incorporated in this Bill. With those few remarks, I beg to support."
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