Mwinga Gunga Chea

All parliamentary appearances

Entries 121 to 130 of 262.

• 15 Oct 2015 in National Assembly: These are some of the issues that I wanted to speak to but as I conclude, we must also look at Clause 7 of this Bill. Under this clause, the Chief Justice, in consultation with the president of the court is allowed to form specialized divisions of the court. In my honest view, if jurisprudence is to be developed in this country, then there is need for some element of specialization in some of these cases. For instance, down at the Coast, there are very many questions relating to admiralty and succession. For courts to be seen to be coming ... view
• 13 Oct 2015 in National Assembly: Thank you, Hon. Speaker, for this opportunity. I rise to support this Bill. The passage of this Bill will eventually see access to justice being taken care of. There are a few salient features which come out of this Bill that I wish to point out. One of the features is the issue of procedure. One of the reasons why litigants lose their cases in court has always been the question of procedure. There have been very many technicalities in the ordinary courts, where you find that because of lack of knowledge, litigants lose their cases. The electronic version of ... view
• 13 Oct 2015 in National Assembly: Under Part IV of this Bill, Small Claims Courts have been encouraged to adopt a simple procedure that all parties are conversant with. If you proceed further to Clause 17 of the Bill, you will see that the Court has been given power to control its own procedure in the management of its affairs. If the question of procedure, as has been addressed in this Bill, is well-taken care of, matters will be sorted out amicably and these other technicalities will not exist. The most important thing in this Bill is that the adjudicator has been encouraged to ensure that ... view
• 8 Oct 2015 in National Assembly: Shukrani sana, Mheshimiwa Spika, kwa kunipa fursa hii. Nimesimama kuunga mkono Mswada huu. Kwenye Mswada huu, kuna baadhi ya vipengele ambavyo ni lazima nivisisitize. Katika Kifungu cha 34, inaonekana kwamba lugha ambazo zitatumika katika Mahakama Kuu ni Kiingereza na Kiswahili. Mambo haya pia bila shaka yatakuwa na changamoto zake. Moja ya changamoto hizo ni kwamba miongoni mwa wale watakaotumia mahakama hizo, haswa majaji wetu, kutakuwa na umuhimu wa kuhakikisha kwamba wanapata mafunzo mwafaka ya lugha yetu ya Kiswahili. Ijapo Kiswahili ni lugha kongwe, mara kwa mara mambo hugeuka. Ili kesi ziweze kusikizwa na kutatuliwa vizuri katika mahakama zetu, kuna umuhimu ... view
• 8 Oct 2015 in National Assembly: Mhe. Spika ni wazi kwamba katika kila kaunti ya Kenya, kuna umuhimu wa kuwekwa mahakama. Hii itasaidia wengi haswa waliokuwa wanaenda safari za mbali kutafuta haki. Ikiwa mambo haya yatakuwa, na ninaamini yatakuwa kwa sababu tayari tumeona yakitendeka, wananchi wetu katika Jamhuri ya Kenya hawatakuwa na matatizo ya kutafuta haki. Jambo lingine ningependa kugusia ni lile ambalo Waheshimiwa wenzangu wamegusia haswa kuhusu utatuzi wa kesi Vile sheria yetu ilivyo na hali ya utatuzi wa kesi katika Kenya, ni kwamba yule ambaye atakuwa ameshinda, ameshinda na yule ambaye amepoteza kesi huwa ashapoteza. Lakini ikiwa kama vile ambavyo kifungu cha 26 kimezungumzia, ... view
• 8 Oct 2015 in National Assembly: mahakama ambao wanaweza kusaidia katika suala hili, ikiwa mambo haya yote yatapita, yatatusaidia vilivyo kuhakikisha kwamba haki inapatikana na haki inafaa kupatikana mapema. Sina mengi ya kuzungumza lakini ningependa kusema kwamba huu ni Mswada mzuri. Ni muhimu tuunge mkono, upite ndiyo hatimaye wananchi waweze kupata haki zao. view
• 8 Oct 2015 in National Assembly: Shukrani sana, Mhe. Spika. view
• 6 Oct 2015 in National Assembly: Thank you, Hon. Temporary Deputy Speaker for this opportunity. I wish to support this Bill. I also wish to point out from the outset that for the objectives of this Bill to be achieved, there will be need for serious co-operation right from the members of the Judiciary, the advocates practising in courts and, of course, litigants. Hon. Temporary Deputy Speaker, the most important thing I wanted to mention in this is the question of jurisdiction. If you look at Clause Six of this particular Bill--- Of course, as it has been the case, magistrates are conferred with criminal jurisdiction. ... view
• 6 Oct 2015 in National Assembly: The success story in this Bill, as has been alluded to by my fellow Members, is the question of succession. We have had a serious problem when it comes to succession. For instance, I used to have one court in my constituency of Kaloleni. This court ordinarily used to be manned by a Resident Magistrate, whose jurisdiction was too low. People had to travel about 65 to 70 kilometers to the High Court in Mombasa to file their petitions for letters of administration. With the jurisdiction of the magistrates serving in their areas, it will be quite easy for parties ... view
• 30 Sep 2015 in National Assembly: Thank you, Hon. Temporary Deputy Speaker, for giving me this opportunity. I must start by saying that I support this Bill. I wish to congratulate the Mover. This morning, we had discussions on buildings that have collapsed and shoddy jobs that have been done in most parts of this country. This is a very worrying trend. The major reason why I support this Bill is this: I sincerely believe that its passage is actually in line with constitutional provisions and, in particular, Article 46 of our Constitution where the question of consumer rights has really been ventilated. Technologists and technicians ... view