Peter Njoroge Baiya

All parliamentary appearances

Entries 201 to 210 of 1381.

• 7 Oct 2015 in National Assembly: Thank you, Hon. Speaker for also giving me an opportunity to contribute to this Bill. As has been pointed by the Chair of the Departmental Committee on Justice and Legal Affairs, this Bill is meant to ensure that the magistrate’s law complies with the new Constitution. It is basically an attempt to improve on what already exists. I submit that bearing in mind the state of the law enforcement in this country. The magistrate courts generally play a very critical role because this is where the bulk of the cases and decisions are made. If the country is going to ... view
• 7 Oct 2015 in National Assembly: On the issue of pecuniary jurisdiction, I agree with those who have spoken that it needs to be reviewed and if possible improved, because we know that the levels of inflation have changed over the years. At the same time, these figures were put up at a time when most magistrates were laypersons but today, the country has reached a level where most of the magistrates are professionals. They are trained and competent and, therefore, can be held responsible to make decisions that cover all matters of crimes. That does not mean we open the Pandora’s Box. There should be ... view
• 7 Oct 2015 in National Assembly: The magistrate court is subordinate to the High Court implying that the High Court will always have a supervisory jurisdiction. Opportunities for review and appeal of the decision of the magistrates will be available, first and foremost, before the High Court. That is why it is not going to occasion serious injustice by ensuring that the magistrate courts have substantial powers to deliberate most of the disputes or cases arising within the country. view
• 7 Oct 2015 in National Assembly: The other thing that I need to point out is with regard to administration. Other than the jurisdiction, one of the biggest challenges we have had in this country is the failure to keep and maintain proper records of judicial proceedings. This is very critical. This Bill proposes, under Part III Section XII, to give the Registrar to cause records of proceedings to be kept. This is one area, as a country, we should look at and seek to improve. Perhaps what we should insist on is, first of all, electronic capturing of records of proceedings. view
• 7 Oct 2015 in National Assembly: The usual handwritten recording of judicial proceedings makes it very unreliable and liable to interference. If this record-keeping was to be electronic as happens in other jurisdictions, it would become a basis of insisting that the Registrar also keep those records and ensure that court decisions are, to a large extent, made public. Currently, we are maintaining the electronic records of the judicial proceedings. This is one of the ways of ensuring that the proceedings of the subordinate courts, wherever they may be, will be in a position to withstand scrutiny. Once the magistrates know that their rulings can be ... view
• 7 Oct 2015 in National Assembly: It is true this Bill on its own cannot be sufficient to guarantee that the country will get the best performance from the Judiciary, but it is one of the key pillars. We will still be looking at the other pillars to ensure that they supplement and support this legislation to guarantee the country effective delivery of justice all over the country and to ensure there is uniformity in application of the law across all the regions of this country. The essence of the rule of law is that there should be uniformity and equal treatment of similar situations and ... view
• 29 Sep 2015 in National Assembly: Thank you, Hon. Speaker. I wish to contribute with regard to the amendment proposed by the Senate to Section 23 of the Transition to Devolved Government Act. The amendment that is sought by the Senate is what has allowed the process of devolution to be undertaken outside the framework of the law. It was meant to facilitate phased transfer of functions. We know, as a fact, that the process of devolution of services was done clearly against the framework of the law that had already been enacted. Under this amendment, the Senate seeks to give itself the power to allow ... view
• 25 Aug 2015 in National Assembly: Thank you, Hon. Speaker. I want to take this opportunity to thank the Members for the unanimity with which they have shown their support for these Motions, whose significance and importance is clearly evident to everybody. With those remarks, I want to register my appreciation for the performance of the Kenyan athletes in Beijing. Their performance has shown quite clearly that this country can move to higher heights even in terms of generating this kind of consensus. With those remarks, I beg to reply. view
• 20 Aug 2015 in National Assembly: Thank you, Hon. Temporary Deputy Chairman, for giving me the opportunity to also contribute. I rise to support the recommendation by the Committee. I am not really answering but addressing the fears and the concerns raised by Hon. Mbadi. The appointments of commissioners took place as the country was implementing the new Constitution in the 10th Parliament; at a time when the country was being governed by the Coalition Government. It was the arrangement under the Coalition that prompted the appointment of panels which were shared between the Coalition’s political parties. Therefore, the idea of the panel was prompted by ... view
• 19 Aug 2015 in National Assembly: Hon. Speaker. I beg to move the following Motion:- THAT, Pursuant to the provisions of Article 261(2) of the Constitution, this House resolves to extend the period prescribed for enactment of legislation necessary to give effect to:- (a) Article 11(3)(a) ( compensation or royalties for the use of cultures and cultural heritage). (b) Article 11(3)(b) (recognition and protection of indigenous seeds and plant varieties. their genetic and diverse characteristics and use by the communities of Kenya). (c) Article 63 (community land). (d) Article 66 (regulation of land use and property). (e) Article 67(2)(e)(investigation and adjudication of claims arising out of ... view