14 Oct 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Chairman. Let me support this inclusion on the theory that self-regulation is self-preservation. A political class like ourselves cannot go forward for as long as it does not even self-preserve. One of the things that we do not do and why we have the 70 per cent turnover is lack of self-preservation. If we want to preserve ourselves here, we should have an internal mechanism that is confidential and that is going to be the strength of Parliament that helps us to deal with issues when they arise. There is no reason why a Member ...
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1 Oct 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. Let me start by thanking the Deputy Leader of the Majority Party, on behalf of the Committee, for moving the Bill. I beg to second the Bill. The Departmental Committee on Justice and Legal Affairs had occasion to travel to Mombasa recently. In the Mombasa Retreat, one of the Bills that we looked at very extensively was the Magistrates’ Courts Bill, 2015. The Committee will be filing its report on the discussions that we had and the amendments that we will be proposing. A very important aspect to the Committee was the question of ...
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1 Oct 2015 in National Assembly:
The report has been compiled, but it will be tabled later.
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1 Oct 2015 in National Assembly:
I know that in the Mombasa Retreat, we completed the clause by clause review of the Bill as well as the report. The only part I am not very sure of is the tabling.
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1 Oct 2015 in National Assembly:
Even if it is not, I undertake that the report will be in the Table Office by Tuesday next week.
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1 Oct 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. We are well guided. Just recently, the Committee had occasion to look at the Bill. We were under the impression that the particular report would take a bit of time before it could come to the Floor of the House. But, that notwithstanding, by next week, the Committee report will be available to guide the Members.
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1 Oct 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. I was on the point of jurisdiction for the Magistrates’ Courts. The Committee is of the view that the Chief Magistrates’ 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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1 Oct 2015 in National Assembly:
Court is now at a position where we can increase its jurisdiction. We feel that Kshs7 million is very little for the jurisdiction of a Chief Magistrate. Hon. Temporary Deputy Speaker, you are aware that Chief Magistrates and High Court Judges have law degrees and are Advocates of the High Court of Kenya for an equivalent period of time, if not more for some Chief Magistrates. Many of our Chief Magistrates are actually competent enough to join the Court of Appeal or even the Supreme Court of Kenya. We have Chief Magistrates with over 20 years of experience when High ...
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1 Oct 2015 in National Assembly:
Hon. Temporary Deputy Speaker, you are aware that a claim of Kshs20 million is not much for a Chief Magistrate. If we say that those cases go to the High Court, the effect of it is to continue congesting the High Court when those matters can be competently handled at the Chief Magistrate’s Court. I personally was of the view that a Chief Magistrate could even handle as much as Kshs40 million, but the Committee’s decision was Kshs20 million. When I was vouching for Kshs40 million, I was looking at real estate for instance. The houses and apartments in areas ...
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1 Oct 2015 in National Assembly:
The other level is the Senior Principal Magistrate. The Committee is of the view that the pecuniary jurisdiction moves up to Kshs15 million; that a Senior Principal Magistrate can handle claims of pecuniary jurisdiction up to Kshs15 million. For a Principal Magistrate, the Committee proposes Kshs10 million. A court of a Principal Magistrate can look at cases up to Kshs10 million. Land in Nyeri would fall within this category of Kshs10 million. For the Senior Resident Magistrate, the Committee is of the view that the pecuniary jurisdiction be increased to Kshs7 million. For the Resident Magistrate, the Committee is of ...
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