3 Mar 2016 in National Assembly:
With those remarks, I beg to support this Bill and urge this House to pass it.
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10 Feb 2016 in National Assembly:
Thank you, Hon. Speaker. I beg to second the Legal Aid Bill. It is a Bill that the Departmental Committee on Justice and Legal Affairs had occasion to look at. 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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10 Feb 2016 in National Assembly:
Just picking up from the Mover, it is, indeed, a big question of whether justice is on sale in this country. If it is on sale, then clearly the poor will never afford it. Given the rate at which it is going, it sounds very scary.
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10 Feb 2016 in National Assembly:
If you use the ratio that is in the public domain and assume that Kshs200 million is the going rate for a governor’s seat, it means those of us who are preparing for election petitions then need between Kshs50 million and Kshs100 million to secure justice in the next election. We cannot have a country that runs that way. We expect a lot more from our Judiciary in terms of the way they handle that particular case and all other cases of corruption. Justice is something that the Constitution of Kenya, 2010 addresses itself to. There should be justice for ...
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10 Feb 2016 in National Assembly:
It is a Bill that has been in the pipeline for a long time. It has been worked on since the days of the National Steering Committee on Legal Aid. There have been efforts by the Executive to provide legal aid and systems that avail legal aid in the Executive and Judiciary as well but we need a legal framework that provides for legal aid in our country. We need a legislation that houses and covers all the matters that relate to legal aid. That is what the Legal Aid Bill seeks to do. The various efforts that have existed, ...
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10 Feb 2016 in National Assembly:
Hon. Speaker, it is important for us also to note that the law follows very closely what is happening in our continent, especially in South Africa – which is way ahead on matters of legal aid. A couple of other countries in the region have also passed the Legal Aid Bill. So, Kenya which is a leading democracy in our continent, will be joining the legion of states that have passed this particular law. Those of us who practise law are aware of the practice and the problems of the popus briefs. They have traditionally gone to younger lawyers and ...
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10 Feb 2016 in National Assembly:
Hon. Speaker, we are also in a country where only the offence of murder has traditionally received legal aid. We have three other offences that attract the death penalty. It has been particularly important for the death penalty offences that legal aid is provided. It is not a small 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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10 Feb 2016 in National Assembly:
matter to lose your life to the State as it happens in the penalty. In our country, in the offences of robbery with violence stroke 2, the death penalty is mandatory. Once the judge or the judicial officer has convicted a suspect, they have no choice but to issue and decree the mandatory death sentence. In a situation like that, it becomes very important that the accused persons are given legal aid so that they can go through fair trials and be able to test the evidence.
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10 Feb 2016 in National Assembly:
In our country, if two robbers go into a household, whether they use violence or not, they will be arrested for robbery with violence. It is a law which should be re-visited by this House at some point in time. Our law assumes that a robber must be alone. So, when the robbers are two, they are taken to stroke 2. When they go to stroke 2 with the trials that we have without sufficient legal advice, many of them are subjected to a trial that sends them straight to the death penalty without them ever understanding what it is ...
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10 Feb 2016 in National Assembly:
I hope that the Legal Aid Bill that we are passing today will not only deal with murder cases but also robbery with violence. Most importantly, it will deal with cases of attempted robbery with violence. We have an attempted robbery with violence crime, which is not a successful robbery but one is tried. Even just the attempt to steal can attract the death penalty. That would require that persons going to be subjected to the death penalty receive legal aid so that they can have fair trials. They should be provided with lawyers at the State’s expense to ensure ...
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