1 Oct 2015 in National Assembly:
Hon. Temporary Deputy Speaker, very important for the Committee was the question of succession. You are aware as a counsel that, very small estates of as low as Kshs1 million have to be filed in the High Court because of a clause in the law that says all estates above Kshs100,000 have to be filed in the High Court. The view of the Committee is that this pecuniary jurisdiction here, also relates to cases in succession. A case of succession of up to Kshs2 million estate value is handled by a Chief Magistrate. A case of an estate of up ...
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1 Oct 2015 in National Assembly:
depending on which one will eventually pass, is presided over by a Resident Magistrate. There will be no reason for all the estates to be taken to the High Court. It is time that the Magistrate’s Courts are also empowered and enabled by statute to deal with cases of succession. Following that, we are also aware of the changes of the Constitution on land and environment. Again, with this pecuniary jurisdiction, we think that the Magistrates’ Courts should equally deal with land cases within the pecuniary jurisdictions that the Committee has discussed. In Section 7, we will be proposing several ...
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1 Oct 2015 in National Assembly:
Two, Section 7(2) will be on the succession mandate and Section 7(3) on the land and environment mandate. Lastly, just to make it clear, cases of election petitions relating to Members of County Assemblies (MCAs) within the third jurisdiction, should vest with the Magistrate’s Courts as well. We have many other provisions relating to other courts that the Committee will be tabling in its report and at the Committee stage. In the end, we are happy that the Magistrate’s Courts Bill is going to be revised and it is going to usher into this country a better regime on access ...
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1 Oct 2015 in National Assembly:
We will be urging Members of this House to pass this legislation that also comes with the Court of Appeal and the High Cour.
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1 Oct 2015 in National Assembly:
I beg to second
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1 Oct 2015 in National Assembly:
On a point of information, Hon. Temporary Deputy Speaker.
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1 Oct 2015 in National Assembly:
Thank you so much. It is just a point of information to the Member for Rarieda.
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1 Oct 2015 in National Assembly:
On Clause 10 (d).
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1 Oct 2015 in National Assembly:
Thank you so much, Hon. Temporary Deputy Speaker. Just to go back to the question that the Member for Rarieda had asked on having been called upon to give evidence, whether a court can compel a witness to give evidence, it is, indeed, true that once the court feels that you have information or evidence that would assist in a case and in dispensing justice, then the court can compel you. There are fairly interesting cases in the past on African wives, when they used to be compelled to give evidence. Even in the laws on compelling evidence, a wife ...
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30 Sep 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. I rise to support the Bill and to really congratulate my colleague and friend, Hon. Cecilia Ngetich, for this particular piece of legislation. It has not been easy. She has conveyed consultative forums and sessions to take Members through the Bill and I really want to congratulate the Member for this step that we are now on. In the House Business Committee, we have proposed that Private Members who bring legislations like this that cure a legal lacuna are invited to the assent session and the pen that the President uses to assent to ...
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