19 Mar 2015 in National Assembly:
I was just noting, hon. Temporary Deputy Chairman. As you know, I go through Nakuru and he gives me a transit visa. So, I have no problem. I will try my best.
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19 Mar 2015 in National Assembly:
Hon.Temporary Deputy Chairman, I beg to move:-
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19 Mar 2015 in National Assembly:
THAT, the Bill be amended by deleting Clause 29. The reason being, and again just to simplify what I am saying, if you look at the proposal contained in Clause 29, it is providing for procedures of serving summons. The procedure of serving summons is already contained in Civil Procedure Act. So, you do not need to reproduce it here because it is contained in another legislation. You are going to appear before a court which is implementing the same legislation. When it comes to rules and procedures, it is contained in that particular legislation. The courts already have that ...
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19 Mar 2015 in National Assembly:
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19 Mar 2015 in National Assembly:
Hon.Temporary Deputy Chairman, I beg to move:- THAT, the Bill be amended by deleting Clause 32. The reason for this is that these are powers that are contained within the court system itself. For instance, what this clause is suggesting to do - if I can read for clarity- “A court may order the revocation, variation or extension of a protection order on an application under this section.”
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19 Mar 2015 in National Assembly:
It is normal when you apply for a variation and revocation, you will have to quote the rule under which you are coming through as contained in the Civil Procedure Code. So, it is not necessary for us to reproduce the Civil Procedure Code in this substantive legislation because that is already contained and it can be amended from time to time by the Rules Committee as contained in Clause 46. If, therefore, it is amended, you have to bring that amendment again to this particular legislation and it becomes very difficult to amend legislations from time to time yet ...
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19 Mar 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:-
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19 Mar 2015 in National Assembly:
THAT, the Bill be amended by deleting Clause 33. Just to inform the House, when we went through this Bill, we thought that it was drafted by a person who wanted to reproduce the entire Civil Procedure Act. He was referring to the Civil Procedure Act and the Civil Procedure Code and thought that we can import this and that to the Bill. For instance, Clause 33(1)(a) states:- “Where a protection order is made or varied by the court, the court shall – (a) arrange for the order to be drawn up.”
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19 Mar 2015 in National Assembly:
It is not the responsibility of the court to draw orders. It is done by the clerks in the registry. It is drawn by the lawyers, and then taken to the courts for approval. This is already contained in the Civil Procedure Code. You do not need to reproduce it here. That is bringing the Civil Procedure Code to this other Bill.
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19 Mar 2015 in National Assembly:
Thank you, hon. Temporary Deputy Chairman.
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