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"content": "UNLAWFUL ESTABLISHMENT AND OPERATION OF A MUNICIPAL COURT BY NAKURU COUNTY GOVERNMENT Hon. Senators, the second petition to the Senate is by hon. Margaret W. Kiiru, Member of County Assembly, concerning unlawful establishment and operation of a municipal court by the Nakuru County Government. Pursuant to Standing Orders No.221(a) and 225(2)(b), I hereby report to the Senate that a petition has been received from one hon. Margaret W. Kiiru, Member of the Nakuru County Assembly and a resident of Nakuru County concerning the unlawful establishment and operation of a municipal court by the Nakuru County Government. As you are aware, under Article 119(1) of the Constitution, every person has the right to petition Parliament to consider any matter within its authority, including enacting, amending or repealing any legislation. Hon. Senators, in her petition, the petitioner states as follows. (1) That prior to the promulgation of the Constitution of Kenya, 2010 and the County Governments Act, 2012, the repealed Local Governments Act, Cap 265, established city courts and municipal courts and created offenses and penalties arising out of violations of various local authorities’ by-laws. (2) The repeal of the Local Governments Act rendered the said courts obsolete wherefore offenses arising out of violations of the County Government by-laws will now be heard by a magistrate’s court established and operationalised within the framework and structure of the Judiciary. (3) That, indeed, in March, 2015, the Chief Justice recalled all judicial officers previously assigned to municipal and city courts and directed that all cases then pending before these courts would henceforth be heard before the magistrate’s courts in various counties, as would any new cases arising from new county legislation. (4) That, since 2013, the Nakuru County Government established and to-date continues to operate wholly outside the structure of the Judiciary a municipal court at the"
}