All parliamentary appearances

Entries 111 to 120 of 423.

  • 15 Oct 2015 in National Assembly: when the Judiciary is undergoing tremendous restructuring. The Judiciary is in a campaign mood. One member of the Judicial Service Commission (JSC) will retire this month. Therefore, the JSC needs to get one member. Considering the role that the JSC serves in our Judiciary, it is time that we really have our eyes on it because the Supreme Court of the Republic of Kenya will also be reconstituted after the Chief Justice proceeds for retirement sometime in June next year. The Deputy Chief Justice, Ms. Kaplana Rawal and Justice Tunoi will also proceed for their retirement. That, therefore, means that ... view
  • 15 Oct 2015 in National Assembly: The only problem of this Bill is that on the removal of the president of the Court of Appeal in Clause 15, we are only given two instances when the judge of the Court of Appeal can be removed. One is generally neglecting his duties as the president of the court and two is failure to satisfactorily discharge responsibilities of the office under Clause 13. It is my view that we need to expand the instances when the president of the Court of Appeal can be removed. We should add to it Chapter 10 of the Constitution and Article 232 ... view
  • 15 Oct 2015 in National Assembly: opportunity to be heard on a third appeal. The first appeal is the Magistrates’ Court. A litigant coming with a judgement from the Magistrates’ Court will have an opportunity to be heard in the High Court. If not satisfied with the judgement of the High Court, such a litigant has an opportunity to move to this court. It is, therefore, incumbent upon the presiding judge in consultation with the Chief Justice to make rules and regulations and also to constitute benches that will hear any matter coming before the Court of Appeal. This, therefore, means that the Court of Appeal ... view
  • 7 Oct 2015 in National Assembly: Thank you very much, Hon. Temporary Deputy Speaker. I am happy to debate the High Court Organisation and Administration Bill. Apparently, this Bill is coming at a very good time when our courts are in a campaign mood considering that the Hon. Chief Justice retires next year in June. Two judges of the Supreme Court; Hon. B.C.J. Kalpana Rawal and Justice Tunoi, are also set for retirement. We also know that the Judicial Service Commission (JSC) has one Commissioner who is also proceeding for retirement. Therefore, this Bill comes when part of the Judiciary is under transformation. I have not ... view
  • 7 Oct 2015 in National Assembly: In Clause 10 of this Bill, we have tried to limit the number of days that our judges go on vacation, for instance, during Easter. We have reduced the days. We have also said that all matters that are filed before court must be completed within a year. So, this is very good because matters have been pending in court for many years. When we say within a year, it also means that adjournments must be justified. So, it is a Bill that that will reduce the backlog and make our judges to work even more. view
  • 7 Oct 2015 in National Assembly: The Bill gives the Chief Justice authority to constitute courts anywhere and on any day as long as there is a judge because he forms the quorum of the court. So, the Chief Justice can 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
  • 7 Oct 2015 in National Assembly: constitute a court out here and at any time. He can even constitute a court at night. The Chief Justice may also gazette circuit courts so that those courts can sit in far flung areas anytime and anywhere. Litigants do not have to appear before those courts in person. That is why Clause 34(3) of this Bill provides for teleconferencing, video conferencing and digital communication. So, when you have a matter, you do not necessarily have to appear in court in person. view
  • 7 Oct 2015 in National Assembly: This Bill allows the High Court to form divisions so that it has various divisions, for instance, the family and children division. If these courts are to deal with children or family matters, it is that division exclusively to deal with that matter. If it is a commercial division, it will deal with commercial matters; the criminal division will deal with criminal matters; the civil division will deal with civil matters et cetera . There will also be Constitution and human rights divisions. These divisions are good because they will expeditiously handle matters. Judges who sit in those particular courts ... view
  • 7 Oct 2015 in National Assembly: Thank you, Hon. Temporary Deputy Speaker. The mentions in our courts are a waste of time. Within this Bill, we need to limit those mentions so that matters can move expeditiously. In the interest of time, I want to say that this is a good Bill because it also forms the Advisory Committee of the High Court. It also brings forth the issues of contempt of court and performance contracting for our judicial officers. It also talks about the budget of the court. I know that for a long time we have been thinking about the Judicial Fund Bill so ... view
  • 7 Oct 2015 in National Assembly: The other thing that it has done is to define the languages of the court as English, Kiswahili, sign languages and Braille. So, it is an elaborate Bill and I would like to urge Members to support it. The penalty for contempt of court has been set at six months or a fine of Kshs500,000 or both. So, it is a Bill that is coming to organise our courts properly. It should be supported by everybody. view

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