12 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, we have the Judicature Act, Section 5 and the Supreme Court Practice Rules Chapter 52 dealing with all that. I know that there is an attempt to have a separate substantive law on contempt somewhere.
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12 Nov 2015 in National Assembly:
No, the Judicature Act is our own law. We are saying that there could be a substantive law. This is not the Act where we want to provide for jurisdiction of the courts on every matter. We are saying those ones can be dealt with substantively in those separate laws.
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12 Nov 2015 in National Assembly:
Hon. Temporary Deputy Speaker, let me answer. Remember we are not going to charge that individual with all these. He will just commit one offence. I am saying this to correct the good honourable engineer. It is a balance between respect for proceedings and decency. You do not want people to fear courts so much. Remember, assaulting a judge does not take you out of the criminal remit. We are simply saying that the judge himself can deal with you instantly, beyond your being taken to the police station and being dealt with additionally. So, we do not want a ...
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12 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I have covered everything I needed to cover, save for the fact that I may need to thank my friend. The court will be so intimidating. Even if one said that this judgment is not as deep as I should make it, they would be jailed for six months or pay Kshs500,000.
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12 Nov 2015 in National Assembly:
I would support the amendment, but what bothers me still is this power generally being given to the CJ to make rules particularly for the matters in Clause 40(2)(a), (b) and (g). I would propose that in as much as that amendment should be supported, we should delete Clause 40(2)(g). The rules governing contempt of injunctions under Order 40 are made pursuant to Section 81 of the Civil Procedure Act.
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12 Nov 2015 in National Assembly:
By the Rules Committee.
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12 Nov 2015 in National Assembly:
The Rules Committee is chaired by the CJ.
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12 Nov 2015 in National Assembly:
No, it is the Rules Committee, under Section 81 of the Civil Procedure Act that is mandated to make the rules. The power is expressly delegated to the Rules Committee. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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12 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I have no problem with the provision as amended, if it is to apply to subclause (2)(a) to (f) because those matters concern administration of the High Court. However, subclause (2)(g) gives the CJ rule-making authority that is already given by another Act of Parliament to the Rules Committee and not the CJ. Generally, this does not relate to the administration of the High Court, but to general practice of law. So, I beg my good Chair to propose further amendment to delete paragraph (g). As I have said, in Section 81 of the Civil Procedure ...
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12 Nov 2015 in National Assembly:
Yes, there is a pin, Hon. Temporary Deputy Speaker. Thank you for the observation.
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