21 Oct 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker for giving me the chance to contribute to these amendments by the Senate. I agree with the amendment to Clause 8 because what is being proposed is that we need a person to sit in the Board to represent the CoG. This is quite important bearing in mind that issues to do with drought are actually functions which are shared between the national Government and the county governments. So, we have no problem with Clause 8. I support the amendment. However, I have a problem with Clause 4. I have listened to the Members ...
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21 Oct 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Chairman. I also join the Mover of the Bill in saying no to this amendment. This is a national authority and it is going to be carrying out national duties. Its functions are national Government functions although they could be carried out at the county level. I do not see why the Authority should have an office in each of the 47 counties. So, it is important that we say no to this amendment.
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15 Oct 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker for giving me the chance to add my voice to this important Bill. At the outset, I want to say that I support this Bill. It is discussing the organization and administration of the court. Having read the earlier Bills like the one on the High Court, Magistrates’ Court and the Small Claims Court, what is happening in terms of legislation is very important in this country. It is ensuring that the judicial reforms are taken forward.
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15 Oct 2015 in National Assembly:
Looking at this Bill, it makes important provisions for the Court of Appeal which will make sure that appeals which find themselves there will be dealt with within the shortest time possible to enable Kenyans access justice. I will focus more on administrative issues. One of the clauses that is of interest to me and which is important is Clause 24, which talks about how the court will be financed. We know that some of the courts that we have in this country have not been managed effectively or efficiently to attain their optimal level, basically because they are under-funded. ...
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15 Oct 2015 in National Assembly:
The other important point is that when you look at the calendar of the court as stated in Clause 26, it says that every year from 1st August to 15th September, they will be on recess. They will also be on recess on Friday before the Good Friday to Tuesday after the Easter week. The last one is on 21st December to 13th January, meaning that the dates when those courts will be on recess are clearly stipulated. This enables people who will be having issues in those courts to plan their time. That is quite good. I have never ...
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15 Oct 2015 in National Assembly:
I want to talk about Clause 30. It talks of how records in those courts will be kept. It is about the whole issue of record-keeping or registry. Of importance is the issue of uniform record-keeping, meaning that any time you visit a Court of Appeal in this country, you will be able to access records which have been prepared in a uniform manner in terms of the way they have been presented. This will make it easier for anyone to access the information they want. It will also be easier to retrieve in case one needs any information. The ...
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15 Oct 2015 in National Assembly:
What is very important again is Clause 31. The clause discusses the issue of performance management system. We must appreciate and congratulate the Judiciary in this country for accepting that performance management system is the way to go. When we were debating the Bill on the High Court and the Bill on Magistrates’ Courts, this issue of performance management systems has been mainstreamed. This means Judiciary as an institution and the third arm of Government has accepted that they can only do better if they adopt a performance management system. In that score, they have mentioned the issue of performance ...
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15 Oct 2015 in National Assembly:
The other clause which is important is Clause 32. It says that all the judges serving those courts will sign and ascribe to the Judicial Code of Conduct. It is important that judges serving those different courts must sign that code of conduct so that the way they perform their duties is guided by it.
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15 Oct 2015 in National Assembly:
There is also another clause which is important. It is Clause 36. It says that the court shall ensure reasonable access to its services in all parts of the Republic, so far as it is appropriate to do so. It says that even if we have the headquarters of the court in Nairobi; it will be important to make sure that all Kenyans are able to access its services in different parts. That is where the Chief Justice has the mandate or that free will to decide where the court can sit to make sure that access to justice is ...
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15 Oct 2015 in National Assembly:
The other clause which is important is Clause 37. It talks about protecting those judges. It says:- “Subject to the Constitution, no judge or other person acting judicially shall be liable to be sued in a civil court for an act done or ordered by the judge.” This clause is very good. It makes sure that judges do their work without any interference. It provides security and guarantees that, so long as you are doing your work professionally as a judge in the Court of Appeal, you cannot be taken to court. This is what we were saying and pleading ...
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