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{
    "id": 622073,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/622073/?format=api",
    "text_counter": 323,
    "type": "other",
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    "content": "includes if we import our Constitution provision in Chapter 4, where rights can be enforced, not just by the person whose rights have been violated but also on behalf of that person. That latitude must be given whether it involves Non-Governmental Organisations (NGOs), Civil Society Organisations or any other person who thinks that the child has been molested or his or her rights have been violated and act on their behalf. You do not expect situations like in places which are marginalized, far from Nairobi or the city - I am happy that the Bill provides that the tribunal can sit in different places - If there is a situation where the complaints are concentrated in one section of the country, it is better for the tribunal to sit in that section of that country and collect evidence and get witnesses, in order to save travelling costs. This issue must be dealt with accordingly. Mr. Temporary Speaker, Sir, I support this Bill so that we have an institutional framework for dealing with disputes. The Constitution allows one to appeal in the High Court. However, I hope few cases will end up in the High Court because of the cost. I believe that we will have men and women in the tribunal who are competent and qualified to do the work that is expected of them. Most of the tribunals that exist today are a d hoc in nature, but in reality, they are full time. This is because if there is an overload of work, they end up operating full time. Considering that the tribunal will be presiding over matters related strictly to examinations, there will be a high concentration just after December when the Kenya Certificate of Primary Education (KCPE) examination results are released and in February or March when the Kenya Certificate of Secondary Education (KCSE) examination results are released. There are also other technical institutions that do KNEC examinations to which appeals can be made. That is why it is important to have the tribunal operating full time. Examinations are set by the KNEC and students sit for them in different institutions; private schools, public schools and other institutions. With this kind of concentration, I hope adequate resources will allocated to the tribunal to enable it do its job. A Senator here suggested that they should not charge a fee. However, I beg to suggest otherwise. An affordable fee should be charged so that people do not just abuse it by going there on flimsy grounds. There must be room for a small fee and room to also waive that fee in situations that we call pauper briefs; where someone is completely unable to pay that fee. The education sector must be reformed. This is part of reforming and strengthening institutions. As a former lecturer in the university, more needs to be done to bring credibility in the education sector. This is because there is too much commercialization in primary and secondary schools. We concentrate more on how many students a school has, how much they charge, what kind of marks they attain and which kind of schools they proceed to. However, a lot should go to what kind of talents, skills and competences are being given to the students. The other day, a parent asked me to assist him transfer his child from one school to the other. The consideration he had for the next school is that they pass examinations. I advised him otherwise. I told him that the other school may not have passed all the examinations overall, but it had excelled nationally in sports and drama. This is very commendable. The electronic version of the Senate Hansard Report is for information purposes"
}