Eng. Nicholas Gumbo

All parliamentary appearances

Entries 941 to 950 of 3504.

• 8 Oct 2015 in National Assembly: Thank you, Hon. Speaker for giving me the opportunity to contribute to this Bill, which is the High Court Organisation and Administration Bill, 2015. This Bill aims to give effect to Article 165 of the Constitution of Kenya, 2010, particularly with regard to setting out the number of judges of the High Court, the organisation and administration of the High Court, the manner of appointment of the principal judge who will essentially be like the president of the High Court, the jurisdiction of the court with regard to criminal and civil matters and jurisdiction with regard to determination of fundamental ... view
• 8 Oct 2015 in National Assembly: This is important because much as this Bill is in pursuit of accessing justice to the people of Kenya, I want to say that even as we contribute to this Bill, it is important that we also highlight some of the deficiencies that, as we go to the Third Reading we, as a House, should pronounced ourselves over. I have in mind, for example, the tendency of Kenyans, particularly those that hold constitutional offices, to rush to the High Court with regard to attempt to injunct the institution of Parliament on matters that are before us. The principle of separation ... view
• 8 Oct 2015 in National Assembly: The provision for allowing a case load study assessment to determine the optimal composition of the High Court is important. That is because much as this Bill provides for up to 200 judges of the High Court, that is obviously the upper limit. But, again, it should be important that we undertake an optimal assessment so that much as access to justice is important, the need to access justice cannot be blind to the existing realities in our country. view
• 8 Oct 2015 in National Assembly: Clause 7 basically tackles the High Court organization and reporting structures. This is important within the High Court structure so that we can avoid the jurisdictional clashes and ambivalence in so far as how far one division of the High Court can go and the latitude allowed to the judges of the High Court. view
• 8 Oct 2015 in National Assembly: I have noticed that Clause 11 endeavours to establish divisions of the High Court. There is the family and children’ court, the commercial court, the civil, criminal, constitutional, human rights and judicial review. This clause will require some amendment because, in my view, we are living in very fast changing times and we must be alive to the realities of our times and emerging issues. If you look at what is going on, some of the major litigation issues we have had in recent times involve, for instance, disputes between major international telecommunication companies and disputes involving major companies with ... view
• 8 Oct 2015 in National Assembly: appears before court can feel sufficiently represented? It is felt that a lot of times, some of the major telecommunication service providers in Kenya actually take customers for a ride. But then, what is the recourse that customers like you and I have with regard to getting justice? Yes, the penalties have been provided but do we have people who will undertake the assessments so that we are able to know to what extent of liability and the extent to which those who have appeared before the court can seek and get remedy? In Clause 12, the criteria for determining ... view
• 1 Oct 2015 in National Assembly: Thank you, Hon. Temporary Deputy Speaker, for giving me the opportunity to contribute to this Bill. Even as I contribute, I want to echo your remarks. We should make it a good practice that before we debate Bills such as this, the Committee endeavours to give us a report. That way, Members can be properly guided on how to proceed with their deliberations. I am glad that the Vice-Chairperson of the Committee was here. She gave some highlights which should be informative, especially to people like me who do not necessarily have a legal background. This Bill is important because ... view
• 1 Oct 2015 in National Assembly: I have a problem with the provisions of Clause 10(d). I wish my sister, the Vice- Chairperson of the Committee, would advise me on this one. Clause 10 is on power to punish contempt of court. Clause 10(d) says: “A person who having been called upon to give evidence in a judicial proceeding fails to attend, or having attended, refuses to be sworn or to make an affirmation or, having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document, or remains in the room in which such proceeding is being heard or ... view
• 1 Oct 2015 in National Assembly: Yes. From where she sits, I would not refuse. view
• 1 Oct 2015 in National Assembly: 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