3 Mar 2016 in National Assembly:
Hon. Chairlady, I just wanted to add as you make your decision on this matter that this Clause 9 is the one that covers the establishment and Constitution of the Legal Aid Board. So, the Committee has taken time in deciding the relevant persons to put into that Committee and who are covered in Clause 9. So, I would be on the same line with Hon. Gikaria that the Committee first prosecutes the matter of membership before another Member seeks to amend either to remove somebody or add another person. The electronic version of the Official Hansard Report is for ...
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3 Mar 2016 in National Assembly:
The proposals by Hon. Okoth is changing the original membership and the Committee spent a lot of time worrying about this question. This is the heart of the Legal Aid Service Board. So, I would prefer and I would urge that the Committee first prosecutes its own views and if any other Member has a different view, they can do so later.
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3 Mar 2016 in National Assembly:
Thank you, Hon. Chairlady. In view of the proposals raised by the Member and looking at the amount of time that the Committee spent on this matter, I would urge that the Member considers dropping the amendment. He never appeared before the Committee and never had any deliberations with the Committee. We are at pains, as a Committee, to ask the House to defeat the Member’s deletions. That particular body has already been amended sufficiently by the Committee and might carry some of his concerns. Kindly, Members, help us to oppose the amendments proposed because the Committee has already looked ...
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3 Mar 2016 in National Assembly:
Hon. Chairlady, I beg to move:- THAT, Clause 9 of the Bill be amended— (a) in sub-clause (1)— (i) in paragraph (a) by inserting the words “from among persons qualified to be appointed as a judge of the High Court” immediately after the word “President”; (ii) in paragraph (c) by deleting the words “legal aid” appearing immediately after the words “relating to” and substituting therefor the word “justice”; 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.
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3 Mar 2016 in National Assembly:
(iii) by deleting paragraph (f); (iv) in paragraph (j) by deleting the words “public universities that have established legal aid clinics” appearing immediately after the words “nominated by the” and substituting therefor the words “Council for Legal Education”; (v) by deleting paragraph (l); (vi) by deleting paragraph (n); (b) by deleting subclause (2); (c) In subclause (3) by deleting the expression “1(f)” appearing immediately after the word “sub-section” and substituting therefor the expression “(1) (h)”.
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3 Mar 2016 in National Assembly:
Hon. Temporary Deputy Chairman, the proposal seeks to require higher qualifications for the person who would be appointed as a chairperson because legal aid matters sometimes need a judicial mind. In Clause 9(c), the Committee seeks to substitute the words “matters relating to legal aid” with “matters relating to justice”. At any point in time, in the organisation of Government, there is a Principal Secretary or Accounting Officer for matters relating to justice. The Legal Aid Bill and legal aid issues are going to fall in matters relating to justice. We also have amendments relating to public universities that have ...
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3 Mar 2016 in National Assembly:
Thank you, Hon. Temporary Deputy Chairman. After voting, the proposals remaining to be considered for Hon. Okoth was Clause (k), which he has properly prosecuted. I want to bring to his attention the difficulty in a clause like this. The Public Benefits Organisations that offer legal aid do not have a joint forum at all. They would have networking sessions among themselves, but not a joint forum identified by law and not one that the law can work with. Let me speak as somebody with experience because I was the Executive Director at Kituo Cha Sheria, which is a legal ...
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3 Mar 2016 in National Assembly:
Hon. Temporary Deputy Chairman, the proposal that now remains on the table for Hon. Okoth is Sub-clause 4, which allows the two-thirds gender rule to be applied. Naturally, I would never oppose that one. I support it and we should carry it on board. There are other couple of proposals on the qualifications of members; that they possess a university degree from a recognised university; that they have knowledge of not more than seven years and they are persons of good professional standing in the society. Because we are dealing with a small board, I would also be inclined to ...
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3 Mar 2016 in National Assembly:
On the last Sub-clause (5) on the proposal by Hon. Okoth to delete (5)(a); that a person will not be qualified for appointment as a member of the board if such a person is a member of a governing body of a political party or an employee of a political party, I will be opposing that particular amendment for the reason that when we come to the public service, we want members who are non-partisan and members whose political affiliation is not known, so that they can serve all Kenyans. So, allowing members of governing bodies of political parties or ...
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3 Mar 2016 in National Assembly:
of political parties to be members of the Legal Aid Board would not be ideal. This qualification is usually not just in the Legal Aid Board, but in many other public service matters. If you are going to serve in the public service in a country as ethnically divided as our own, we would prefer that persons who come to serve are non-partisan. There is nobody in this country that carries or embodies partisanship than members of governing bodies and members who are employees of political parties. So, I urge Hon. Okoth to drop that particular amendment. If he does ...
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