29 Apr 2021 in Senate:
two Bills; the one that was tabled before the National Assembly and the one that was tabled before the Senate. Sen. Kang’ata was a Member of our Committee and he sat as we deliberated on this issue. The observations we have made to the House, is that there were some differences on some clauses on the Bill that was read in the National Assembly and the Bill that was read in the Senate. Regarding Sub clause 3(b), the Bill that was read in the National Assembly was amending Article 97(2) while the Bill that was read before the Senate, was ...
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, we had two experts; Prof. Kameri Mbote and Dr. Collins Odote. They pointed out that if we identify an error of form, not an error of substance, which changes the wishes of the promoters of the Bill, we can take steps to amend the Bill to correct those errors.
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29 Apr 2021 in Senate:
I want to state that I am not the author of the errors that appear in this Bill. I have seen debates on social media that there were two Bills. Whether there were two Bills or one, I do not know. The only business that we had to undertake as a Joint Committee was to scrutinize each clause of the Bill, make observations and report back to the House.
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, I am sure that even His Excellency the President and the Rt. Hon. Prime Minister, the owners of the ‘Handshake’, are not going to kill any of us if we correct the mistakes in this Bill. Nobody will say we have committed a mistake by correcting this error. I want this House to note that the Bill that is being considered at the National Assembly does not have these errors. So do not look at what is happening on the other side. The error on this Bill refers to the Bill that was read before the Senate. ...
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29 Apr 2021 in Senate:
The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, we have proposed that the leadership, that is the Mover of this Bill, takes steps to correct that error. How will we look to the Kenyan people if we consider a Bill that has got these typing errors and we fail in our duty as Members of the Senate in correcting these simple errors then we send a Bill to the people that has got these glaring errors?
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29 Apr 2021 in Senate:
I want to persuade the House that this is an error that does not change the substance of the Bill. We are not changing the intention of the promoters; we are just doing an amendment that will correct errors that appear on the face of the Bill that was read before us.
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, the next point that I was making yesterday was with regard to the clauses on the Judiciary. Some people did not get the point I was making. If you read Article 172 of the current Constitution, the Judicial Service Commission (JSC), retains the power of considering complaints that are made against judges. I want to read what is in Article 172(1)(c)-
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29 Apr 2021 in Senate:
“The Judicial Service Commission shall promote and facilitate the independence and accountability of the Judiciary and the efficient, effective and transparent administration of justice and shall-
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29 Apr 2021 in Senate:
(c) appoint, receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates, other judicial officers and other staff of the Judiciary, in the manner prescribed by an Act of Parliament.”
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