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{
    "id": 596079,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/596079/?format=api",
    "text_counter": 108,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "such as to correct inconsistencies, errors and anomalies that various laws might face when Parliament is dealing with various legislative agenda. I am of the opinion that the proposed amendment to Section 14 of the Bill on the IPOA is a fundamental change to the law. As such, those changes ought to be addressed in a substantive amendment and not in a miscellaneous amendment. On the same line, my office is also in receipt of a draft proposal for publication of separate Bills to amend the Universities Act 2012. The proposed Bill is quite comprehensive and it includes other proposed amendments to the Universities Act. In this regard, I wish to drop all the proposed amendments to these Acts save for those I have mentioned, Sections 22 and 39. This Bill contains amendments to the following 23 laws. The first one is the Criminal Procedure Code, Cap. 75. The Bill seeks to amend this Criminal Procedure Code in order to give the High Court powers to revise the orders of a subordinate court. It seeks to empower the High Court to stay the order of a subordinate court pending the filing of an application for review by the Director of Public Prosecutions (DPP) in proceedings under specific statutes. This includes the Prevention of Terrorism Act, the Anti-Money Laundering Act and the Prevention of Organized Crimes. This is to secure the nation that has been faced with a threat. So, we are giving the High Court powers in the unlikely event that a criminal is given certain orders by a subordinate court, to revise them. There is an amendment to the Prisons Act, Cap.90 which is mainly to introduce Sections 46 and 48 which relate to the remission of prisoners sentences. The Bill seeks to amend the Registration of Persons Act to recognize the appointment of a new office called “the Director of National Registration” by the Public Service Commission (PSC). Currently, he is called the Director of Registration. In the reform agenda of the PSC, they have created the position, the title and changed the name and called it “Director of National Registration”. This is in line with what the PSC wants. This Bill also seeks to amend the Firearms Act Cap.114 to expand the definition of what a firearm is. There are a number of accessories to firearms. These must also be defined. It is, therefore, about definition. Under technology, you can carry something that can injure people, but when you are taken to court, somebody can say this is not a firearm. Mainly, this wants to define and expand the bracket of the term “firearm”. There is also an Air Passengers Service Charge Act. The Bill seeks to amend the Air Passengers Service Charge Act to confer discretion upon the Cabinet Secretary (CS) in the apportioning of the funds collected as service charge between the Kenya Airports Authority (KAA) and the Kenya Civil Aviation Authority (KCAA). In last year’s Statute Law, something unusual happened because a huge part of the funding to the KCAA for infrastructure was given to the KCAA. This Bill is now saying the CS for Transport and Infrastructure should have the discretion because both organizations fall within his Ministry to say, based on the need of each institutions, this is the way they will share the tax that is charged and received from the Air Passenger Service Charge. On the National Cohesion and Integration Act, 2008 No.12 of 2008, the Bill seeks to amend the National Cohesion and Integration Commission (NCIC) Act to make provisions for the appointment of new members of the Commission after the commencement of the Act when the tenure of an existing commission expired. I am sure the Chair of the Departmental Committee on Justice and Legal Affairs will agree with me that when we were appointing the current commissioners, there was a lacuna on the 2008 Act. 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."
}