David Gikaria

All parliamentary appearances

Entries 1801 to 1810 of 2696.

• 15 Oct 2015 in National Assembly: Thank you Hon. Temporary Deputy Speaker, for giving me this opportunity. This is a very opportune time for us to reflect and see what the Bill is intending to do. The Court of Appeal is a very important court. Somebody from the lower courts can go to the Court of Appeal, just in case he or she is not satisfied with the judgement of those other courts. This is important for us. There is something that has been talked about here as I am trying to look at the Act itself and some other legislation. It is about the much ... view
• 15 Oct 2015 in National Assembly: 70 and that she has to retire at the age of 74 years. She is saying that she was there before the new Constitution. These are issues that we really need to be specified in law so that we do not have any other issue in future where a Court of Appeal judge might want to come and claim that he or she has not attained the rightful age. Therefore, it is important for us, as we discuss and deliberate about this Bill on the Court of Appeal, to look at the age factor. The other bit that we need ... view
• 15 Oct 2015 in National Assembly: It has been said severally here that automation of record keeping is important. Hon. Ochieng has just alluded to the fact that automation will address the issues of lost files from court registries. You find that sometimes court files cannot be traced because the manually kept records are difficult to trace. I believe that the money that has been given to the courts for automation purposes will go a long way to addressing this matter. These days, after a case is concluded, it takes months before you can be given the signed proceedings document for purposes of presenting it somewhere. ... view
• 15 Oct 2015 in National Assembly: Clause 26 talks about court recess. This is another area where courts have abused time. I remember in one of the courts in Nakuru, a lawyer was trying to count the days that a High Court judge sits in a court. It was so pathetic. The days were so few because of unnecessary court recesses. In this regard, this clause clearly stipulates the recess dates. It has reduced the number of the recess period in a year to almost less than 80 days. That is acceptable. Eighty days in a year leaves us with nine months within the same year ... view
• 15 Oct 2015 in National Assembly: Even more importantly, the Court Registrar and the president of the court will have programmed the recess period in a way that at no time will you not find a High Court judge in a station. It is stipulated under Section 26 that even during recess periods, there shall be a judge on duty who can address some urgent issues that may come up. This is something which is very important. The Constitution stipulates that we need to speed up the court process to be able to expedite dispensation of justice. This is something which will go a long way ... view
• 15 Oct 2015 in National Assembly: The threshold for removing the President of the Court of Appeal from office has been slated at three-quarters of the number of judges serving in that court as articulated under Article 164 of the Constitution. This Article establishes the Court of Appeal with judges not fewer than 12, as may be prescribed by an Act of Parliament. It is important that the Constitution has specified the minimum number of Court of Appeal judges that we should have. Two-thirds of the judges of the Court of Appeal can vote to remove the president of that Court. The electronic version of the ... view
• 15 Oct 2015 in National Assembly: The reasons for removing the president of the Court of Appeal are also provided. This is something we will be discussing with the Departmental Committee on Justice and Legal Affairs so that the provision can be clearer to Hon. Members. I would also like to know if removing a judge of this court from office amounts to him being suspended from his duties as a judge. These are issues we need to look into because the reasons alluded to seem to suggest that such judges would have been found not being capable of discharging the duties that have been assigned ... view
• 15 Oct 2015 in National Assembly: Section 7 talks about division of the court so that we can have specialised judges handling cases in specific areas such as land issues, environmental matters and industrial disputes. This will speed up hearing of cases because specialized judges will get a lot of information and experience within their specialised divisions. Under Clause 2 which talks about court station, it would be important for us to indicate that the station must be a gazetted place that is accessible to anybody who wishes to access the courts--- view
• 14 Oct 2015 in National Assembly: Yes, I support the amendment. Thank you. view
• 14 Oct 2015 in National Assembly: On a point of order, Hon. Speaker. view