John Muriithi Waiganjo

All parliamentary appearances

Entries 121 to 130 of 423.

• 7 Oct 2015 in National Assembly: Hon. Temporary Deputy Speaker, I support. Thank you. view
• 6 Oct 2015 in National Assembly: Thank you, Hon. Temporary Deputy Speaker, for giving me this opportunity to debate the Magistrates’ Courts Bill. This is a piece of legislation that Parliament has been given express mandate by the Constitution to enact to give original jurisdiction to subordinate courts to determine applications of various issues within the Constitution, particularly those under Article 23(2) of Chapter 4 of the Constitution, which primarily deals with the Bill of Rights. Article 169(1)(a) of the Constitution defines subordinate courts as Magistrates’ Courts - which is the subject matter of this legislation. It also defines subordinate courts as Kadhis’ Courts, Court Martials ... view
• 6 Oct 2015 in National Assembly: If you look at the objects of this piece of legislation, it clearly says that the main objective is to facilitate judicial service. It does not say only to facilitate judicial services but that, such service has to be just, expeditious, proportionate and accessible. Therefore, this Bill is in line with Article 232 of the Constitution which refers to values and principles of public service. It clearly states that the jurisdiction that is given to those courts must conform and comply with Article 232 of the Constitution. Those values include standards because our courts have to have the highest standards. ... view
• 6 Oct 2015 in National Assembly: Thank you, Hon. Temporary Deputy Speaker. I was saying that the jurisdiction of the subordinate courts has been enhanced by this piece of legislation. Therefore, it is a good thing. view
• 6 Oct 2015 in National Assembly: The other thing that this legislation has done is to look at Chapter Four of the Constitution which is on the Bill of Rights. Previously, any matter which was related to the Bill of Rights would automatically go to the High Court. What does this Bill do? It is entertaining matters of Chapter Four of the Constitution which is the Bill of Rights but, specifically, those under Article 25(a) and (b). That is because the High Court still has residue or jurisdiction on matters of Chapter Four particularly on Articles 47, 48, 49, 50 and 51 but, those under Article ... view
• 6 Oct 2015 in National Assembly: If you look at the other gist of this Bill, it wants to allow magistrates to determine labour, environment and land matters. Previously, this was the purview of the High Court. On matters of labour, environment and land, we used to have many litigants unable to come to the High Court because the High Courts were too congested. But now, litigants will be able to ventilate their matters in the subordinate courts now. Hon. Temporary Deputy Speaker, this Bill also clearly lays out the administration of those courts. The courts have an administrator who is in charge of the registry ... view
• 6 Oct 2015 in National Assembly: I am talking about Clause 7(3)(d). It talks about enticement of, or adultery with, a married person. It appears to me that it purports to create a criminal offence in the name of adultery. There is no such offence in the Penal Code. I do not think this kind of legislation should come up with criminal offences. This is a matter that needs amendment. I want to submit that I will be moving an amendment to delete this provision. The other issue that I would want to point out in this piece of legislation--- view
• 6 Oct 2015 in National Assembly: It refers to proceedings of both civil and criminal nature. view
• 6 Oct 2015 in National Assembly: Hon. Temporary Deputy Speaker, in law currently, the Penal Code is the one that defines crimes and penalties. Our Penal Code does not talk about any crime called “adultery”. 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
• 6 Oct 2015 in National Assembly: Probably, Hon. Temporary Deputy Speaker. I would really have loved to see that. If it talks about compensation, what would be the compensation by an adulterous man or woman? Indeed, it would help to avoid situations where people take the law into their own hands when a situation of adultery arises. It would help if a man, whose wife has indulged in adultery, could be given several goats so that he can forgive the adulterer and the co-adulterer. Probably, that way, we would reduce the number of crimes of passion. However, that is not expressly stated in this piece of ... view