Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 622070,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/622070/?format=api",
    "text_counter": 320,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "to examination, and particularly as the Bill provides, matters related to withholding, nullifying and cancelling examination. Constituting this body is very important. I agree with what Sen. (Dr.) Khalwale has suggested that you may want to re-look at the representation so that it is not so much looking like a trade union where you just want this organization and the other to be there, but a lot of effort be put on the expertise of the people who are going to serve. This is so that as Sen. (Dr.) Khalwale had pointed out, when you look at the membership, you have a person nominated by the Judicial Service Commission (JSC). I do not have a problem with that. It can be the JSC as he said or a body like the Commission on Administration of Justice. Mr. Temporary Speaker, Sir, when it comes to representation of teachers, principals and parents, maybe we need to re-look that. There will come a situation where the teachers unions will have a position in such decisions of the KNEC. They will be the ones appealing that decision to the tribunal. It will be suspect that if teachers and parents unions jointly have an issue against the Kenya National Examinations Council (KNEC), it is likely that people would view that those members who sit there are doing so on behalf of those unions and may not have in their heart or mind the intention of administering justice, but pleasing their appointing authority who perhaps will give them the chance to renew their positions as tribunal members when the renewal time comes. I would ask the Mover to re-think about the same. If you look at the tribunals that deal with standards, intellectual property and industrial property, you will see that more focus is given to the qualification of the person. That person is appointed based on academic qualifications rather than representations of unions. We may need to re-look at that. I saw the provision that the Cabinet Secretary will designate a secretary, who is a member or person serving within the Ministry. The thought behind the Bill was basically to minimize costs, so that very many people are not hired. But considering that the tribunal will serve on ad hoc basis, it is important that the secretary and the secretariat becomes a fulltime institution. He is the person who will run the affairs of the tribunal on a day to day basis, preparing for the tribunal members. If the secretary serves on an ad hoc basis we run the danger of that person being pulled back to his or her Ministry. We need to amend the Bill to say that the tribunal will advertise and hire a secretary. The practice of judicial and quasi- judicial bodies is that they prepare their own rules. I have seen in the Bill that the Cabinet Secretary may make rules for regulating the practice and procedure of the tribunal. Perhaps, it is better for the tribunal to make its own rules, so that those rules are approved in Parliament because they are just rules of procedure. Since other tribunals also make their own rules, and because there is precedent, they are likely to pick those rules from the many other tribunals that exist. Mr. Temporary Speaker, Sir, one of the things that I like about this Bill is that the reason we have a tribunal and not a court is we make it more accessible. People are not forced to use very strict rules. It is important for that reason for the tribunal to keep within the principles of the law, to make it more accessible to as many people as possible. I also support the idea that a parent must be given the opportunity to make the appeal, because these are minors and one must be allowed to act on behalf of the child. That also The electronic version of the Senate Hansard Report is for information purposes"
}