Aden Bare Duale

All parliamentary appearances

Entries 11091 to 11100 of 17810.

• 15 Oct 2015 in National Assembly: Hon. Speaker, I beg to move that the Court of Appeal (Organisation and Administration) Bill be now read a Second Time. view
• 15 Oct 2015 in National Assembly: Hon. Speaker, this Bill seeks to provide for the organisation and administration of the Court of Appeal. The Court of Appeal is established under Article 164 of the Constitution. It has jurisdiction to hear appeals from the High Court or any other tribunal as prescribed by an Act of Parliament. Historically, in 1967, three major laws were enacted in this country which are; The Judicature Act, The Magistrates’ Court Act, and the Kadhis Court Act. All of them were enacted to streamline the administration of the justice system in Kenya. These three Acts established the structure of the courts as ... view
• 15 Oct 2015 in National Assembly: Hon. Speaker, the objective of this Bill is to assist the officers of the Court of Appeal and other users, more so the litigants, to know how the Court is managed. Kenyans or litigants should know how the Court of Appeal is managed. That would enhance the effectiveness and accountability of that court. view
• 15 Oct 2015 in National Assembly: Part I of the Bill deals with preliminary issues which are very common in all Bills in terms of the Act. So, I will not dwell much on Part I of the Bill. Let me go to Part II of the Bill which deals with the organisation of this court. This section provides for the composition and the jurisdiction of the Court of Appeal; the number, how it is composed, its boundaries and how far it can hear particular cases. It also makes provision for the boundary between the Court of The electronic version of the Official Hansard Report is ... view
• 15 Oct 2015 in National Assembly: Appeal, the Supreme Court, the High Court and the Magistrates’ Court. That is well documented in Part II of the Bill. view
• 15 Oct 2015 in National Assembly: Part II of the Bill also deals with the powers given to the Chief Justice in establishing other stations within the country in the spirit of a decentralised judicial system. The Chief Justice is given powers to set up Court of Appeal stations across the country. If you are in Migori, you do not need to travel all the way to Kisumu, Nakuru or Nairobi. The people of Migori, Garissa and Kisii must access justice in an easier, efficient and accountable manner. view
• 15 Oct 2015 in National Assembly: This part also enables the court in consultation with the Chief Justice as the Chief Executive Officer (CEO) of the Judiciary to establish a number of divisions within the Court of Appeal. The Court of Appeal has several divisions namely family, criminal and civil. These divisions will enable expeditious disposal of appeals before it because justice delayed is justice denied. This Bill gives powers to the Chief Justice to create a number of divisions and stations across the country for efficiency and easy disposal of cases. view
• 15 Oct 2015 in National Assembly: It also deals with the administration of the court stations, the ranking of judges and provides for the election and for the removal of the President of the court. It gives a mechanism of electing and removing the President of the Court of Appeal and the ranking nature of the judges serving the Court of Appeal in terms of age, experience and qualifications. So, that is provided for. It says the President of the Court of Appeal shall be the head of the court and shall oversee the proper management and administration of the court. For now, we have Justice ... view
• 15 Oct 2015 in National Assembly: Part III of the Bill deals with the administration of the court, the establishment of the various committees of the court, the various sittings of the court; when the court can or cannot sit. It sets out the schedule of recess for the litigants or the general public to know the period the Court of Appeal goes on recess and when it sits. All these are documented in this Bill. For example, the Bill provides for the court to be on recess three times a year; the second Thursday before Good Friday to Tuesday after the Easter week, 1st August ... view
• 15 Oct 2015 in National Assembly: Part III also deals with the court registry, the Office of the Registrar, the Deputy Registrar and the qualifications of the Registrar of the Court of Appeal. It also sets out the functions and duties of the registrar which include the day to day running of the Court of Appeal and the administration of the court, the management of the registry, facilitation and enforcement of the decisions of the Court of Appeal. This part provides for the appointment of the staff of the Court of Appeal and the mechanism to be used in the transfer of the judges serving in ... view