James Ndungu Gethenji

All parliamentary appearances

Entries 161 to 170 of 421.

• 26 Aug 2015 in National Assembly: Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 11 of the Bill be amended ─ (a) in sub-clause (1) by─ (i) deleting paragraph (a) and substituting therefor the following new paragraph─ “(a) that there is a prohibited object in any premises; and, (ii) deleting paragraph (b) and substituting therefor the following new paragraph─ “(b) that the persons in possession of the object are not authorized under Section 7; (b) in Sub-clause (2) by ─ (i) deleting the words “or magistrate” appearing immediately after the word “judge”; (ii) deleting the word “by” appearing immediately after the word “necessary” and ... view
• 26 Aug 2015 in National Assembly: This amendment seeks to create clarity by rephrasing and redrafting Sub-clause (1)(a) and (b). The further amendment to Sub-clause (2) seeks to delete the words “judge” so that magistrate courts can have original jurisdiction in these matters. Further, it seeks to delete the word “by” as this may justify use of excessive force hence replace this with using necessary reasonable force. In Sub-clause (i) we seek to delete the words “judge or” appearing immediately after the words “or magistrate”. view
• 26 Aug 2015 in National Assembly: Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 13 of the Bill be amended in Sub-clause (5) ─ (a) by deleting the words “or magistrate” appearing immediately after the word “judge”; (b) by deleting the words “by” appearing immediately after the word “necessary” and substituting therefor the words “using reasonable”. view
• 26 Aug 2015 in National Assembly: This amendment is similar to the one in Clause 11. It seeks to delete the words “judge” so that magistrates’ court can have original jurisdiction in these matters. Further, it seeks to delete the word “by” as it may justify the use of excessive force hence replaces with the words “using reasonable force”. view
• 26 Aug 2015 in National Assembly: We are also deleting the words “judge or” appearing immediately before the word “magistrate”. view
• 26 Aug 2015 in National Assembly: Hon. Temporary Deputy Chairman, there was a mix up in the original amendment and this amendment originating now on the Floor seeks to do what we did in Clause 11 - to give original jurisdiction to the magistrate courts so that we can have progression throughout the judicial process. That clarifies what you are asking. view
• 26 Aug 2015 in National Assembly: Hon. Temporary Deputy Chairman, I do not wish to suggest that it is easy to confuse Hon. Kaluma; with a light touch. Maybe, we have different takes or documents we are looking at because what I have here - and which is what I am moving now on the Floor--- The original amendment that was published is what I am amending now by saying that we delete the words “judge or” appearing immediately after the word “magistrate”. So, the word magistrate is remaining so that in terms of the jurisdiction of the court, we start with the magistrate court and ... view
• 26 Aug 2015 in National Assembly: Hon. Temporary Deputy Chairman, no. The proposal that I am moving is amending Clause 11 of the Bill by deleting the words “judge or” appearing immediately after the word “magistrate”. It is the same thing in Clause 13. We are deleting the word “judge”. view
• 26 Aug 2015 in National Assembly: Can I approach and share with you? view
• 26 Aug 2015 in National Assembly: Hon. Temporary Deputy Chairman, in our consideration of the proposed Bill in the Committee, we deliberated the jurisdiction for the prosecution of an offence. There was some debate on whether the jurisdiction should be the High Court or the Magistrate’s Court. It was felt that in the first instance, because of the threshold of the Magistrate’s Court, the court should have primary jurisdiction. Therefore, the reference to a judge of the High Court was removed. It was felt that the Magistrate’s Court is faster to approach in such instances than the High Court. That was the logic of the deliberations ... view