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{
    "id": 847918,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/847918/?format=api",
    "text_counter": 365,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": " Hon. Temporary Deputy Speaker, before I move, I really want the Clerk’s Office to help me trace the Chair of the Justice and Legal Affairs Committee because he is the one to second and speak on behalf of the stakeholders. Hon. Temporary Deputy Speaker, I beg to move that the Statute Law (Miscellaneous Amendments) Bill (National Assembly Bill No.12 of 2018) be read a Second time. Hon. Temporary Deputy Speaker, with your consent, Members will recall that I withdrew all amendments with respect to the Kenya Revenue Authority Act 1995 (No.2 of 1995), which is on Page 280 of the Bill, and the one on the Office of the Director of Public Prosecutions Act 2013 (No.2 of 2013) on Page 345. Hon. Temporary Deputy Speaker, you also did a Communication on the same. The relevant Committee, therefore, did not carry out public participation on these two Acts. These Acts will, therefore, not be considered for amendment at the Committee of the whole House. That Communication has been made by the substantive Speaker. This Bill was published on 10th April 2018 and read the First Time on 18th April 2018. The Bill is in keeping with the practice of making various amendments which do not merit the publication of separate Bills and then consolidating them into one Bill. I am sure proper public participation was conducted on every Act in this Bill. The Chair of the Justice and Legal Affairs Committee, Hon. Cheptumo, is already in the House and he will explain the rationale and the views of stakeholders. That will also help us to set the ball rolling when it comes to the amendments. The first Act to be amended is the Judicature Act, Cap 8. This Bill proposes to amend the Judicature Act to include the Employment and Labour Relations Court and the Environment and Land Court in the Act in line with Chapter 10 of the Constitution. It also seeks to include the High Court as a court dealing with matters related to land. The next Act is the Oath and Statutory Declaration Act Cap 15. The Bill proposes to amend the Oath and Statutory Declaration Act in order to remove references to offices and terminologies such as “District Registrar”, which has been rendered obsolete. We no longer have districts existing. That amendment is a minor one. It deals with that matter. The third one is the Advocates Act Cap 16. This Bill proposes to amend the Advocates Act to include reference to the disciplinary tribunal following the changes to that Act. It also seeks to amend Section 46 of that Act to outlaw agreements whereby an advocate receives more than 20 per cent of the general damages received for a suit handled by him. I will just highlight the key ones. Of course, there is the Public Archives and Documentation Act Cap 16, which the Bill proposes to amend to define the term ‘minister’ as the responsible Cabinet Secretary in line with the terminology in the Constitution. So, it is changing the word ‘minister’ and substituting with the word ‘Cabinet Secretary’. This Bill proposes to amend the Civil Procedure Act Cap 21 to replace the term ‘district’ with the term ‘county’ in line with the Constitution. It also seeks to repeal Sections 21 and 40 to delete the words ‘other than the magistrate court of the third class’ that are also found in Section 65 since the third-class magistrate courts no longer exist in our current jurisdiction. This Bill seeks to amend the Act with respect to the composition and functioning of the Procedure and House Rules Committee. The Bill proposes to amend the Foreign Judgements Reciprocal Enforcement Act Cap 83 to expand the definition of the expression ‘superior courts of Kenya’ to incorporate all courts provided for in the Constitution. This Bill proposes to amend the Extradition (Contagious and Foreign Countries) Act Cap 76 and replace the expression of ‘the House of Representatives’ The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}