Mutula Kilonzo Jnr

All parliamentary appearances

Entries 3451 to 3460 of 3800.

• 20 May 2015 in Senate: seconded view
• 20 May 2015 in Senate: .: Mr. Temporary Chairperson, Sir, let me add something small. It is proposed in the Constitution that the CAJ has a sunset clause in the Constitution. It is, therefore, presumed that the action of CAJ would then be merged with the Kenya National Human Rights and Equality Commission (KNHREC). The actions that would be taken by the Commission of administrative action on the presumption after the sunset clause, we have proposed that KNHREC that will take over the work of CAJ continue with its work, hence the words, “the successor of CAJ” in Clause 5. view
• 20 May 2015 in Senate: .: Mr. Temporary Chairman, Sir, we have the following amendments to Clause 7A:- Period for 7A. An application for the review of an administrative action Determination or an appeal under this Act shall be determined within Of ninety days of filing the application. applications and appeals We have proposed the amendment above to ensure that there is a period for limitation for the administrative action appeals. In this case, 90 days and the mischief here is to ensure that the administrator of persons in authority do not sit on a review for eternity. For example, if you transfer a teacher ... view
• 20 May 2015 in Senate: .: Mr. Temporary Chairperson, Sir, following Clause 7, you will notice that now we have separated and put a neater Title which is “Judicial Review” which is now a province of the courts. We have also included the courts that a person will be entitled to pursue judicial review and we have stated that in the amendments as follows:- view
• 20 May 2015 in Senate: Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 9 be deleted and substituted therefore with the following new Clause- Rules. 9. (1) An application for judicial review shall be heard and determined without undue regard to procedural technicalities. (2) The Chief Justice may make rules of practice for regulating the procedure and practice in matters relating to judicial review of administrative action. view
• 20 May 2015 in Senate: Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause10 be deleted and substituted therefore by the following new Clause- Orders in 10. (1) In proceedings for judicial review under section 8 proceedings (1), the court may grant any order that is just and For equitable an order- judicial review. (a) declaring the rights of the parties in respect of any matter to which the administrative action relates; (b) restraining the administrator from acting or continuing to act in breach of duty imposed upon the administrator under any written law or from acting or continuing to act in any manner ... view
• 20 May 2015 in Senate: Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new clause immediately after Clause 11- Regulations 11A. (1) The Cabinet Secretary may, in consultation with the Commission on Administrative Justice, make regulations for the better carrying out of the provisions of this Act. (2) Regulations made under subsection (5) shall, before publication in the Gazette, be approved by Parliament. view
• 20 May 2015 in Senate: Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new clause immediately after Clause 12- Transition provisions 12A.(1) In all proceedings pending whether preparatory or incidental to, or consequential upon any proceedings in court at the time of the coming into force of this Act, the provisions of this Act shall apply, but without prejudice to the validity of anything previously done. (2) Despite subsection (1)- (a) if, and in so far as it is impracticable in any proceedings to apply the provisions of this Act, the practice and procedure obtaining before ... view
• 20 May 2015 in Senate: Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 2 of the Bill be amended by- (a) inserting the following new definition after the definition of the word administrative action- “administrator” means a person who takes an administrative action or who makes an administrative decision; view
• 20 May 2015 in Senate: Mr. Temporary Chairman, Sir, pursuant to Standing Order No.139, I beg to move that the Committee of the Whole do report to the House its consideration of the Fair Administrative Action Bill (National Assembly Bill No.10 of 2015) and its approval thereof with amendments. view