James Kembi Gitura

All parliamentary appearances

Entries 7761 to 7770 of 7781.

• 6 Jun 2006 in National Assembly: Yes, Mr. Speaker, Sir. view
• 6 Jun 2006 in National Assembly: Mr. Speaker, Sir, we have just now seen the report on the Departmental Committee on Agriculture, Lands and Natural Resources and the position of the Ministry is that we, of course, support the Private Member's Bill but subject to several amendments that we will be proposing. I do not know whether this is the right moment to respond this afternoon without having taken cognisance and having looked at these amendments and then responding. I seek a direction from you, Mr. Speaker. view
• 31 May 2006 in National Assembly: Mr. Deputy Speaker, Sir, I beg to reply. (a) I am aware that casual workers were engaged to clear land and plant tea bushes in the initial establishment of Nyayo Tea Zones Development Corporation in Mathira Constituency between 1986 and 1987. (b) I am also aware that a group of people made a claim for outstanding payment dating from 1986 to 1987. (c) The corporation will process payment of the workers as soon the workers furnish the corporation with the following details: The names of the officers who engaged them and the duration that they worked; the rates of payment ... view
• 31 May 2006 in National Assembly: Mr. Deputy Speaker, Sir, we have been very reasonable. We have asked the hon. Member and the lawyers that those people have hired to give us the full details of their claims. We cannot make payments in abstract. As soon as we get the information, we will verify whether any payments are due. Those are claims dating back to 1986. There is something called a statute of limitation. Most of those claims have been statute barred in terms of limitations. Those are matters of contract. The question regards the contract. So, once we have the details - without any admission ... view
• 31 May 2006 in National Assembly: Mr. Deputy Speaker, Sir, I reiterate that the corporation will not make any payments in abstract. In matters of contract--- I agree with Mr. Mukiri that Parliament is not a court of law. He is a lawyer. It is the duty of the person who makes a claim to stipulate and lay terms of what he or she is claiming. As you will notice, all these claims may be statute barred and 1028 PARLIAMENTARY DEBATES May 31, 2006 the corporation, as a legal body, is not going to make ex-gratia payments just because somebody has made a claim. A claim ... view
• 31 May 2006 in National Assembly: Thank you, Mr. Temporary Deputy Chairman, Sir. The definition of a child is a person who has not attained 18 years of age, and the assumption is that, that person is not capable of giving consent. So, it would be irrelevant that the person who has been defiled is of a different age group within that gap of up to and including 18 years. So, I second the proposed amendment by Dr. Khalwale in order to have a May 31, 2006 PARLIAMENTARY DEBATES 1085 harmonized sentence and conviction so that we do not necessarily have to prove the age of ... view
• 31 May 2006 in National Assembly: Mr. Temporary Deputy Chairman, Sir, it is difficult to support the first part of the amendment because, in my considered opinion, Clause 28(1) is clear; "intentionally distribute." If that happens and the person distributing knows that this is the intention, then that person must bear the consequences. However, I would propose to amend the second one by deleting the totality of Clause 28(2) so that in agreeing with the Members who have spoken, it is clear that he who alleges must prove. If I sell drugs because I am a pharmacist and they are misused, then I cannot be held ... view
• 31 May 2006 in National Assembly: On a point of order, Mr. Temporary Deputy Chairman, Sir. view
• 31 May 2006 in National Assembly: On a point of order, Mr. Temporary Deputy Chairman, Sir. I ask this with a lot of respect to you. I did make a proposal on Clause 28, that we delete Clause 28(2) completely to shift the burden of proof. However, you did not give me or anybody else a chance to vote on the proposal upon the proposal. I know that it is not usual. But the point I am making here is that I feel that I was not treated properly in my proposal because I made a proposal on that proposal and it was not considered. I ... view
• 31 May 2006 in National Assembly: Thank you, Mr. Temporary Deputy Chairman, Sir. I do not want to say that I was ambushed to talk because I see what our intention is. I think everyone here, two weeks ago, read a very sad story in one of our local dailies, about a dealer of illicit brew in Ukambani who wanted to frame an assistant chief as having raped her. Had her conscience not caught up with her, and had she not known that what she was doing was a very serious mistake, indeed, the assistant chief would have gone to jail, if the Act was in ... view