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{
    "id": 621978,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/621978/?format=api",
    "text_counter": 228,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "you have stolen examinations yet you do not know where exams are set. The person who causes anyone to go through that pain must bear the greatest responsibility or to use the new phrases being used, those are the persons of interest. Those are the likes of Waiguru, you look for in as situation such as this, so that you deal with them firmly and squarely. Clause40(K) says:- “The Tribunal shall have the power to summon witnesses, take evidence on oath or affirmation and order the production of documents.” That will help the tribunal because when people are mentioned then they must be called and eventually the tribunal is likely to find the genesis of the theft of the examination and deal with the culprit. Clause 40(J)(2) says:- “In any proceedings under this part, the Tribunal shall act without undue regard to technicalities.” That clause should end there. So that you remove; “… and shall not be strictly bound by the rules of evidence.” There will definitely be some rules of evidence there about hearsay, malice and all manner of things. Even the people we want to deal with, we must give them fair hearing, natural justice and so on. You can only find fairness and natural justice within the confines of rules of evidence. For example, somebody can just walk to the tribunal and say that they saw Sen. Karaba and thought he looked like a thief and, therefore, he stole examinations. Evidence must be called and within the rules. I encourage Sen. Obure to stop that clause at technicalities. In fact, that would then be consistent with the provisions of the Constitution. That Kenyans can access justice without undue regard to technicalities that can lock them away. On Clause 40(O), I encourage the sponsor of the Bill not to leave this open because this Senate has suffered immensely where the Government does things that serve them only. When something good comes, because it has come from another quarter, they do not deal with them in a manner we expect. I encourage Sen. Obure, at the Committee of the Whole, to change Clause 40(O) to obligate the CS to make the rules for regulating the practices and procedure of the tribunal within 60 days of assent to the Bill. This is to make sure the Bill does not end up with the CS and keeps it away for two years because he is busy with other things that he thinks are more important. We are not passing this law in vain. Once it is assented, he must prepare regulations within 60 days. Under the new constitutional dispensation, those regulations must find their way into the House as delegated legislation that we then can deal with. I encourage Sen. Obure to liaise with Sen. Karaba to follow it up so that when those rules are being drafted, we can have an input to make it easier and faster. The rules will invariably come to the Standing Committee on Education that will then process them to bring them to the House. On the complaints by the aggrieved children or candidates, I want an express provision, that those who are aggrieved and come to the tribunal for justice, should access it for free. This is because I do not know of any student who has the capacity and ability to steal and cheat in an examination. It is crooked third parties who always help them to The electronic version of the Senate Hansard Report is for information purposes"
}