Samuel Kiprono Chepkonga

All parliamentary appearances

Entries 1881 to 1890 of 3315.

• 19 Mar 2015 in National Assembly: We propose that Clause 23 be deleted as contained in the Order Paper. The reason is that the police have been given inordinate powers that are unchecked. The law states that a police officer may arrest the respondent without a warrant and on the request of the applicant or applicant’s representative. If the applicant is asking you or directing the police to arrest a person--- You can only report a complaint, but you cannot direct the police to arrest somebody. It can only be done through a court, when someone applies to the court and an order is issued that ... view
• 19 Mar 2015 in National Assembly: Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 25 of the Bill be amended— (a) in subclause (1) by deleting the words “has received an explanation of the order in accordance with section 31” appearing immediately after the words “protection order”; (b) by deleting sub-clause (2); What we are seeking to do is to remove the words in the second sentence, “has received an explanation of the order in accordance with section 31”. If you look at Clause 31 (2), it negates that so that this becomes superfluous. Clause 31 (2) states that:- “No order under subsection (1) ... view
• 19 Mar 2015 in National Assembly: particular words seek to negate that when Clause 31 (2) is very clear. We are seeking to clean up the Bill to ensure that the entire Bill is in tandem with the other clauses. view
• 19 Mar 2015 in National Assembly: Thank you. view
• 19 Mar 2015 in National Assembly: Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 27 of the Bill be amended— (a) in subclause (1) by deleting the words “of the first class” appearing immediately after the word “Courts”; (b) in subclause (2) by deleting the words “soon as possible” appearing immediately after the words “court as” in paragraph (b) and substituting therefor the words “may be directed by the court”; (c) by deleting subclauses (4), (5), (6), (7), (8), (9), (10), (11), (12) and (13); We are seeking to remove the words in Clause 27(1) by deleting the words “of the first class” appearing ... view
• 19 Mar 2015 in National Assembly: The other ones that we are seeking to delete are subclauses 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13. The reason is that these subclauses seek to import the provisions of the Criminal Procedure Code and the Civil Procedure Code into this law. What we are seeking to enact is a substantive law. We are not seeking to enact procedural laws. Clause 46(1) provides that: “The Rules Committee established under Section 81 of the Civil Procedure Act shall make rules to regulate any matter of practice or procedure under this Act.” The electronic version of the Official ... view
• 19 Mar 2015 in National Assembly: So, issues of procedure have already been regulated and it touches on all other legislations. It does not matter whether it is a civil or a criminal matter. Criminal matters are regulated under the Criminal Procedure Code while civil matters are regulated under the Civil Procedure Act. It is completely unnecessary to reproduce the Civil Procedure Code and the Criminal Procedure Code in this legislation. Thank you, hon. Temporary Deputy Chairman. view
• 19 Mar 2015 in National Assembly: Hon. Temporary Deputy Chairman, in simple language what we are seeking to do in this Protection Against Domestic Violence Bill is to create a substantive law to deal with those criminal activities that are committed within a domestic set-up. The issue of regulation of procedure is already contained in the Civil Procedure Code and the Criminal Procedure Code. If somebody has breached a court order, which is a criminal matter, the procedure on how the applications would be brought to court is already set out in the Criminal Procedure Code. I will be speaking to this again in the subsequent ... view
• 19 Mar 2015 in National Assembly: Thank you, hon. Temporary Deputy Chairman. I beg to move:- THAT, Clause 28 of the Bill be amended by deleting subclauses (2), (3) and (4). This part deals with the mode of application which is purely a procedural matter. So, we are proposing that Clause 28 be deleted because it is dealing with procedural issues that are already contained in the Civil Procedure Code. We do not need to import it here otherwise we make the legislation bulky while other legislations have already provided for the procedure and it is being used for all other legislations that we have passed ... view
• 19 Mar 2015 in National Assembly: I thank you. view