17 Nov 2016 in National Assembly:
Thank you, Hon. Speaker, for giving me this chance. I also wish to support the enactment of this Bill. This animal called ―contempt of court‖ has been mysterious and many people do not understand what it is and how to deal with it. Previously, we did not have a clear law on contempt of court and we have been relying on precedents and common law from the United Kingdom. If this Bill is passed, people will have a point of reference instead of the mumble jumble of court decisions in the past. I am happy that ―contempt‖ is defined in ...
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17 Nov 2016 in National Assembly:
We would want to restrict contempt of court to be within the court precincts such that if people meet out there with judicial officers and, maybe, an altercation happens that, perhaps, does not relate to the matter that is going on in court and somebody should not be subjected to contempt of court.
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17 Nov 2016 in National Assembly:
Clause 6(b) says: ―wilfully interrupts or obstructs the proceedings of a subordinate court.‖ Even that needs to be amended so that it refers to a court that is actually sitting. If it is 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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17 Nov 2016 in National Assembly:
interpreted widely or liberally, it can mean that even a person who is not within court is interrupting the proceedings of that particular court.
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17 Nov 2016 in National Assembly:
I am also happy that this provision is clear that if a person disobeys a court order because he did not know and that it is not wilful, that person is not subjected to contempt of court. The other issue that needs to be dealt with, and I think I will move an amendment, is when it comes to contempt of court in the presence of the judge or during proceedings and there is this business of courts simply sentencing a person, fining him or jailing him. That person should be given a chance to be heard. In all circumstances, ...
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15 Nov 2016 in National Assembly:
Thank you, Hon. Speaker. I also support this Bill. Devolved structures are fairly young and are experiencing teething problems such as the establishment of the Civil Service. The biggest challenge we have is appointment of officers not necessarily based on merit but other factors that can be easily challenged under the Constitution.
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15 Nov 2016 in National Assembly:
Hon. Speaker, I am happy that this Bill is providing certain requirements. There are certain core values that the County Assembly Public Service Board is supposed to follow based on the Constitution. I have been wondering whether, perhaps, we did not make a mistake by attempting to duplicate the structure that is at the national level at the county level. Instead of focusing on devolving resources and development to counties, we are focused on devolving the Civil Service structure. Therefore, most of the money that goes to the devolved units is spent on recurrent expenditure. It is, therefore, right that ...
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26 Oct 2016 in National Assembly:
Thank you, Hon. Speaker. I rise to support this Bill. The Constitution is very clear under Article 81 that Parliament will come up with the necessary law to deal with this issue.
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26 Oct 2016 in National Assembly:
I have heard very many people talk about threats from the courts. I urge them to have a look at the Constitution and they will understand that the Government has three arms. If someone thinks they can dissolve Parliament, they should know that there will be no Government in this country. Let people look at the Constitution and not be threatened that this and that is going to happen.
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26 Oct 2016 in National Assembly:
Secondly, I want our lady Members and colleagues to listen to this. There was affirmative action that brought 47 Members to this House. Four years down the line with this law, I want to hear about a lady who has brought a Bill proposing a solution to the problem we are in.
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