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{
    "id": 626884,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/626884/?format=api",
    "text_counter": 518,
    "type": "speech",
    "speaker_name": "Hon. Okoth",
    "speaker_title": "",
    "speaker": {
        "id": 12482,
        "legal_name": "Kenneth Odhiambo Okoth",
        "slug": "kenneth-odhiambo-okoth"
    },
    "content": "Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 71 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (1) — “(2) Where an aided person has been compensated through an award of damages in any proceedings, such person shall be entitled to the award, provided that the service shall have the right to deduct from the award, the costs it incurred in respect of the proceedings.” Sometimes you will find that a person has been injured, he or she goes to court, files a claims case and seeks legal aid and assistance. Let me give you an example. Last year, there was a watchman from Kibra who had been mistreated and injured while on duty but the employer dismissed him without benefits. When they went to court, they got awards. This is a person who cannot work now because he was injured. The import of this law, as currently written, means that somebody like that cannot go to court to sue his employer for the injuries, wrongful termination and seek justice. If they use the legal aid service to get assistance and are awarded, let us say Kshs2 million or Kshs5 million to help them for their medical bills and the cost of living, now that they are unemployable, the Service says that the award they got belongs to it. This is a pointless and circular argument. In protecting their rights, I propose that Clause 71, and I ask Members to support me, be amended. It says where an aided person has been compensated through an award of damages in any proceedings, such person shall be entitled to the award, provided that the Service shall have the right to deduct from the award, the costs it incurred in respect of the proceedings. So, if the watchman from Kibra is awarded Kshs5 million and the legal aid service spent around Kshs1 million in prosecuting his case and wins it on his behalf, the legal aid service should not take the 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."
}