Irungu Kang'ata

All parliamentary appearances

Entries 1151 to 1160 of 1643.

• 18 Nov 2015 in National Assembly: Hon. Temporary Deputy Speaker, I, therefore, hold the view that it is unfair for us to give sweeping powers to the tax people, where they can freeze your accounts without any representation by the affected person. Of course, I am aware of the rationale of such sweeping 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. view
• 18 Nov 2015 in National Assembly: powers. You need to issue an order first, freezing that money pending any litigation, or arguments, concerning whether you are liable to pay that money or not. However, there are also other negatives on the other side. If for instance, you freeze an account and there was a cheque that had been issued in favour of that account, it may bounce because of that order of the Kenya Revenue Authority (KRA). Therefore, the powers we are giving to the taxman under Clauses 41, 43 and 44--- Probably, we need to tamper them taking into account the fundamental rights of people ... view
• 12 Nov 2015 in National Assembly: Thank you, Hon. Temporary Deputy Speaker. Allow me to urge Hon. Members to reject this Bill. The reason I am asking Hon. Members to reject this Bill is not because I do not like traditions. In fact, I am one of those people who deem themselves as traditionalist. I do not have an English name, I listen to the Roots and cultural music. So, I am very traditional. However, let us be pragmatic. Let us not look at things from a sentimental point of view. I can assure you that our African culture then and even now was not strong. ... view
• 12 Nov 2015 in National Assembly: become rich. However, looking behind to adopt I do not know which culture, I am telling you my sisters and brothers, we are not going to help this country. This is sentimentalism. A good example is that presently there is debate about community land. That is a concept that is predicated on the issue of culture. I can tell you that the Members of the Departmental Committee on Lands are unable up to now to define “community land”. This is because the present world is about an individual. There is nothing like community land anymore and that is the reality ... view
• 8 Oct 2015 in National Assembly: Thank you, Hon. Speaker. I rise to support this Bill. I have had the occasion to look at this Bill. It is a good piece of legislation. I have noted in Part (b) which is on the organisation of the court that we have introduced the concept of a principal judge. That means that judges will now have the opportunity to have one of their own who will be in charge of various issues that pertain to judges. That is very important. We have also, by statute, established precedence. That is, the more senior you are as a judge, the ... view
• 8 Oct 2015 in National Assembly: I have also noted that in Part 3 on the administration of the court, we have created the position of the Registrar of the court. We have set out clearly the functions of the Registrar. Further in part 4, I have noted that for the first time we have clearly spelt out the need for providing power to the court to send parties to alternative dispute resolution mechanisms. We all 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. view
• 8 Oct 2015 in National Assembly: know that very many matters are handled using alternative dispute resolution mechanisms. I would imagine, for instance, even chiefs handle matters which--- They have this tendency of ignoring proceedings before the chiefs. This is a good clause where such matters which have been handled outside the court can be admitted or even the court can as well send parties for alternative dispute resolution mechanism. view
• 8 Oct 2015 in National Assembly: Finally, I have also noted that we have established clauses dealing with contempt of court in Part 5. Presently, contempt of court is punishable under the prevailing English Law. So, it means that we are yet to decolonise ourselves in that we are still relying on foreign laws. One is forced to keep reading the new developments in contempt law in England for you to know the present contempt law that is applicable to Kenya. So, by expressly coming out with clauses that deal with contempt in an Act of Parliament of Kenya, it makes work easier for very many ... view
• 8 Oct 2015 in National Assembly: However, allow me to comment on some few areas that I would propose that we improve in this Bill. One, I have looked at the way the High Court has been developing various jurisdictions or handling various matters. I feel that the High Court, generally in Kenya, has been overextending its mandate. The principle of separation of power is clearly settled in the Constitution. It has been applied against Members of Parliament. Let me not dwell on that subject but, the same way it operates vis-a-vis the Executive and Parliament, is the same way it ought to operate in respect ... view
• 8 Oct 2015 in National Assembly: In Kenya, when it comes to matters regarding judicial review, that is the power of the High Court to countermand laws or a resolution of Parliament. We have an open door policy. Any litigant is entitled to move the court to do so but, in other jurisdictions which are even more progressive than ours, for instance, France or Israel, it is only a politician who can do it. For instance, a member of the opposition or a parliamentarian is the one entitled to go for judicial review. The reason is that what is being done in this Parliament is very ... view