5 Dec 2013 in National Assembly:
Hon. Temporary Deputy Chairman, Sir, I am proposing a complete deletion of the amendments proposed as 3(e) under (3A) and (3B). I am proposing that the entire (3A) under Clause 3(e) be deleted.
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5 Dec 2013 in National Assembly:
Hon. Temporary Deputy Chairman, Sir, there is a constitutional---
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5 Dec 2013 in National Assembly:
Hon. Temporary Deputy Chairman, Sir, at what level do we then contribute on the amendments so that we can persuade hon. Members to reject it? 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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5 Dec 2013 in National Assembly:
Hon. Temporary Deputy Chairman, Sir, and Members, the judgment debtor in the context of what we are dealing with is the insurance firm. The person in whose favour judgment is delivered, the plaintiff is called the judgment creditor or the decree holder after the decree is issued pursuant to judgment. So, you cannot have 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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5 Dec 2013 in National Assembly:
both the claimant and the insurance, which invariably is a firm, going for medical examination. The judgment debtor is the insurance firm in this case or the owner of vehicle.
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5 Dec 2013 in National Assembly:
Hon. Temporary Deputy Chairman, Sir, I meant that initially, you would sue the owner of the vehicle and after you have judgment, you go for a declaratory suit against the insurance firm under the policy. Therefore, the claimant; the plaintiff, is the judgment creditor.
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5 Dec 2013 in National Assembly:
It should be in the original document; in the Act itself.
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5 Dec 2013 in National Assembly:
Hon. Chair and hon. Members, on Clause 3(a) and (e), there is a very big problem. We are saying that no judgment or claim shall be payable by the insurer unless the claimant had, before determination of liability, subjected themselves to medical examination. At this time, judgment is already delivered.
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5 Dec 2013 in National Assembly:
Hon. Speaker, I rise to oppose the Bill being read a Third Time. What we have achieved as National Assembly, which I find very serious in this Bill, are two things. Under Clause 3(a), we made a requirement that before a Kenyan, who has had an accident, goes to a court of law he has first to go for arbitration or mediation. We 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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5 Dec 2013 in National Assembly:
know the cost of arbitration and mediation. We know how corrupt the processes of arbitration in particular have been. Two, as I end, in Clause 3(e), we are essentially saying that despite there being a judgment, a party who has gone through litigation with the owner of the motor vehicle, has to prove his claim before the insurer pays, without even the judgment being set aside. I was going to raise those two issues and urge hon. Members to consider disagreeing with this Bill. I oppose.
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