Irungu Kang'ata

All parliamentary appearances

Entries 1161 to 1170 of 1643.

• 8 Oct 2015 in National Assembly: I have looked at another clause that deals with the way the jurisprudence of the High Court should be developed. That clause says that the High Court is going to come up with jurisprudence in a manner that accords respect to ensure the political, social and economic needs of this country have been taken care of. That is good. I support that clause. This is taking into account that we all saw a judgement that was made by the High Court allowing people who are supporting man-to-man relationships to form an NGO or a caucus. Such ideas are foreign to ... view
• 8 Oct 2015 in National Assembly: Respect the religious views of the majority of Kenyans and respect the culture of the majority of Kenyans. Otherwise, we may reach a situation, where we will see judgments coming from the High Court where you can as well bring things like euthanasia and abortion without any restriction. We are, for instance, going to see a judge allowing people to smoke or use drugs like they have done in other jurisdictions. We are treading on dangerous grounds. We are now going to the era of neo-colonialism that has been brought through the undemocratic arena of the courts. Unless we the ... view
• 1 Oct 2015 in National Assembly: Thank you, Hon. Temporary Deputy Speaker. Allow me to speak so that I can guide the Members on some salient features of this Bill. The first issue that Members need to address themselves to is to appreciate that this law, as opposed to the current law guiding the magistrates, enhances the pecuniary jurisdiction of magistrates. That is very important taking into account that magistrates are almost 1,000 as compared to judges who are about 150. That means for most wananchi at the grassroots level, their first point of interaction with the Judiciary is with the magistrate. If you have a ... view
• 1 Oct 2015 in National Assembly: mean that wananchi will not be able to access their services and they will be forced to cover very long distances to seek justice. view
• 1 Oct 2015 in National Assembly: Secondly, this law has brought the new concept of contempt of court. Previously, it was quite a debate before a magistrate, when an issue of contempt of court arose. That is because in the current law, if such an issue happens, two things happen. One, you make a reference to the High Court. Strictly speaking, apart from what we call contempt on the face of the court, a magistrate does not have powers to punish for contempt. Therefore, one is forced to go to the High Court to make a reference so that he can enforce a court order. Secondly, ... view
• 1 Oct 2015 in National Assembly: Thank you, Hon. Temporary Deputy Speaker. I stand guided. I would imagine that out of 100 matters decided by magistrates, maybe, only 50 per cent are appealed; meaning the other 50 will be binding upon those members who never had the occasion to appeal. view
• 1 Oct 2015 in National Assembly: Hon. Temporary Deputy Speaker, the other aspect is the administration of the Magistrates’ Court. When we were discussing the High Court Bill of 2015, we noted that there is 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
• 1 Oct 2015 in National Assembly: potential of a conflict between the functions of the Registrar in the High Court and the Chief Registrar as we know her. Therefore, the only good thing we noted in the Registrar provided for in the Magistrates’ Court is the form of synergy created by this law with the Chief Registrar. I would urge that as we debate these clauses relating to administration of those courts, we take into account the need to have harmony and a reporting mechanism, so that we do not disrupt the flow of power in respect to the functions of the Chief Registrar. Another aspect ... view
• 1 Oct 2015 in National Assembly: Thank you, Hon. Temporary Deputy Speaker. I have seen situations where a person comes to a court of law and he is facing charges of child neglect and cites this one as a defence. It makes a lot of sense in that you cannot have two forms of litigations. If you allow this one to start, you will have a situation where children matters are being handled here exclusively and it might have the effect of ousting the jurisdiction of Children’s Court. I think we need to delete this sub-clause and allow all children matters to be dealt with under ... view
• 1 Oct 2015 in National Assembly: With those few remarks, I support the report of the Committee, which I participated in, and will be supporting the amendments which will come. view