All parliamentary appearances
Entries 1361 to 1370 of 1643.
-
31 Jul 2014 in National Assembly:
Thank you, hon. Temporary Deputy Speaker. This is a good Bill, but I would like to flag out the dangers in Bill. The first danger is in the proposed amendment to Chapter 75 of the Criminal Procedure Code (CPC). There have been many complaints that the courts have been releasing people who ought to be in custody pending the determination of a criminal trial. Before the enactment of the new Constitution there were some offences which did not allow an accused person the right to bail. Those were capital offences that included murder, robbery with violence and treason. So, the ...
view
-
31 Jul 2014 in National Assembly:
My take on the proposed amendments is that they do not really seek remedy that issue. Why do I say so? It is because they are vague; they do not specifically state the types of offences under the Penal Code which they apply to. Therefore, I foresee a situation where even if we enact this Bill the way it is, magistrates and judges will still have the discretion to decide who gets bond and who does not.
view
-
31 Jul 2014 in National Assembly:
I am of the view that if we wanted to remedy the problem, which is currently affecting our country, we would to specifically state the offences that should not be bailable. My proposal would be that probably we go back to the position which existed before and provide that where an accused person is charged with specific offences the court may be inclined not to grant bail pending trial. 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
-
31 Jul 2014 in National Assembly:
Hon. Temporary Deputy Speaker, another red flag is on the matter pertaining to legal education. There are two Acts which touch on legal education. We have the Kenya School of Law Act, 2012. The second one is the Legal Education Act. The reason I am of the view that these two Acts need to be re-looked at is because they will dilute the calibre of people who will join the legal profession. Under the current laws, before you are admitted to the KSL you need to have minimum requirements or qualifications. These are an aggregate of C+ or its equivalent ...
view
-
31 Jul 2014 in National Assembly:
You have seen many disciplinary cases against lawyers. I am of the view that that has something to do with the fact that we are admitting people who are not as qualified as we used to have.
view
-
31 Jul 2014 in National Assembly:
Hon. Temporary Deputy Speaker, I want the public to compare our profession with professions like medicine and engineering, which require very strong academic credentials before one is admitted. If you compare their admission requirements with our profession, you will find that we have been progressively reducing the entry points. As a result, this has caused many problems to Kenyans.
view
-
31 Jul 2014 in National Assembly:
Hon. Temporary Deputy Speaker, on the same note, to me the greatest problem with the legal profession is that it has become an elite profession. Poor children can no longer access legal education. Why? Because we are charging a lot of money at the Kenya School of Law; we charge about Kshs200,000 and there is no accommodation. I thought this Bill would have brought an amendment to create a scholarship fund to enable poor children access education. Some of us came from rural areas and poor families and we joined the profession. So, if it is an amendment that is ...
view
-
31 Jul 2014 in National Assembly:
Hon. Temporary Deputy Speaker, another area that I would like Members to note is the proposed amendment to the Land Registration Act, 2012. I think this one is a very good amendment and the reason I want to say that is because we have what we call “the Land Control Act” and I have seen people being fleeced because of this Act. When you buy land and you fail to go to the Land Control Board, the Court of Appeal has set a precedent that your transfer or sale is null and void ab initio; you can only recover the ...
view
-
31 Jul 2014 in National Assembly:
Hon. Temporary Deputy Speaker, another area of concern is in the area that is clearly denoted in The Kenya School of Government Act. The proposal contained in this Bill. The law proposes to amend The Kenya School of Government Act to expand the functions of the School with respect to reforming the public service, and also to clarifying the functions of the Director-General. I agree with the proposed amendment. The only 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
-
31 Jul 2014 in National Assembly:
issue is that one about the appointments of the alternates. I am of the view that we need to clearly specify who is going to sit in that council rather than retaining the notion about those who are going to become alternate members. Otherwise, we may have a situation where the provision on alternates is abused by the appointing authority.
view