Samuel Kiprono Chepkonga

All parliamentary appearances

Entries 1771 to 1780 of 3315.

• 23 Apr 2015 in National Assembly: Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 9 of the Bill be amended— (a) In sub-clause (1) by deleting the words “pursuant to section 8” appearing immediatelyafter the word “review”; b) In sub-clause (2) by deleting the words “or tribunal” appearing immediately after theword “Court”; (c) By deleting sub-clause (3) and substituting therefor the following new sub clauses− (4) Where the relief sought is an order to quash any judgment, order, conviction or other proceeding, the date when the grounds of the application first arose shall be taken to be the date of judgment, order, conviction or ... view
• 23 Apr 2015 in National Assembly: 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. view
• 23 Apr 2015 in National Assembly: Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 10 of the Bill be amended by— (a) deleting sub-clause (1) and substituting therefor the following new sub- clause— (1) An application for judicial review shall be made by notice of motion to the High Court, and shall be heard and determined without undue regard to procedural technicalities. (b) deleting sub-clause (3). What we are seeking to do is to delete Sub-clause (1) in Clause 10 and substituting therefor the words that are contained in the Order Paper which reads as follows: “An application for judicial review shall be made ... view
• 23 Apr 2015 in National Assembly: Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 11 of the Bill be amended— (a) in sub clause (1)— (i) by deleting the words “pursuant to 8(1)” appearing immediately after the word “review”; (ii) by deleting the words “excess of its jurisdiction or from engaging in an activity beyond the scope of its powers” appearing immediately after the words “acting in” in paragraph (c) and substituting therefor the words “a particular manner”; (b) in sub-clause (2) by inserting the words “and other monetary compensation” immediately after the word “costs” appearing in paragraph (d) What we are seeking to ... view
• 23 Apr 2015 in National Assembly: civil case. However, what we are seeking here is that once a court declares your rights have been infringed, it should be able to compensate you monetarily. You do not need to go and file another case. This has been a problem, particularly in cases touching on Government. It can be declared, maybe three or four years later, that actually Government breached your rights. Under the Government Proceedings Act, you have only one year within which to file your suit. After four years, although your rights were infringed, you will not be able to go back to court. That means ... view
• 23 Apr 2015 in National Assembly: Hon. Temporary Deputy Chairman, I beg to move:- THAT, the Bill be amended by deleting Clause 12; 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. view
• 23 Apr 2015 in National Assembly: The reason for this is that provisions on judicial review are substantive. It is not necessary for the Cabinet Secretary to make any other regulations. Any regulations that can be made will be made by the courts under the rule-making power that is granted to the courts. So, it is unnecessary for the Cabinet Secretary to make any regulations with regard to a substantive provision that provided for judicial review. Thank you. view
• 23 Apr 2015 in National Assembly: Hon. Temporary Deputy Chairman, I beg to move:- THAT, the Bill be amended by deleting Clause 13. view
• 23 Apr 2015 in National Assembly: We are seeking to delete the exclusion of persons who claim to be acting in good faith when carrying out their duties, or performing their functions. Actions done in good faith are questions of fact, which can be proved by any party adducing evidence in a court depending on the circumstances of each case. So, you do not need to legislate that. You cannot legislate for a factual position. You just need to go to court and produce facts that you are acting in good faith. We do not need exclusions to be provided for by law. It is a ... view
• 23 Apr 2015 in National Assembly: Hon. Temporary Deputy Chairman, I beg to move:- view