Samuel Kiprono Chepkonga

All parliamentary appearances

Entries 1911 to 1920 of 3315.

• 19 Mar 2015 in National Assembly: against or in contravention of other legislations, would be improper. We are therefore proposing that for uniformity and to ensure this Bill does not become a stand-alone Bill in which evidence is then procured at the appeal stage. view
• 19 Mar 2015 in National Assembly: I have a legal counsel here so that we consult from time to time. Our own clerks are our counsel. It is clear in the Evidence Act what evidence can be adduced. However, when legislation states that the court may receive any evidence it thinks fit, it is already covered by the Evidence Act. When you provide for this, it is in conflict with that other legislation. The best way, if that is what the National Assembly wanted to do, is to say, “Notwithstanding what is provided in the Evidence Act.” The evidence, which is the legislation, covers all the ... view
• 19 Mar 2015 in National Assembly: I beg to move:- THAT view
• 19 Mar 2015 in National Assembly: Hon. Temporary Deputy Speaker, I beg to move:- view
• 19 Mar 2015 in National Assembly: THAT, the Bill be amended by deleting clause 38; The reason for this is that, all that which is provided in Clause 38 is procedure on appeal, whether it is from the Magistrate’s Court to the High Court or from the High Court to the Court of Appeal. The person who drafted this forgot that there is also an appeal to the Supreme Court. But it is provided very comprehensively in the rules and procedures that have been made by the courts pursuant to what is already indicated in Clause 46. That is on the Rules Committee which provides for ... view
• 19 Mar 2015 in National Assembly: also regulated and is amended from time to time in consultation with the court users. When the rules are amended and they have been contained here, it means you must bring an amendment to this legislation and any other legislation. It will provide for rules in all the substantive legislations which run into hundreds. It means that we must amend all the legislations. That is not the best way of using time of the National Assembly. Therefore, we propose that to be deleted as contained in procedural legislations. Thank you. view
• 19 Mar 2015 in National Assembly: I beg to move:- view
• 19 Mar 2015 in National Assembly: THAT, the Bill be amended by deleting clause 39; The reason for this is that it makes reference to Clauses 37 and 38 on the procedure of appeal from the High Court to the Court of Appeal. It does not also show that there is the Supreme Court. It means you are restricting the rights of the person who wants to go all the way to the Supreme Court, if they want a determination on a matter of law, not necessarily a matter of fact. Matters of fact are determined by the High Court and by the Court of Appeal. ... view
• 19 Mar 2015 in National Assembly: I beg to move:- view
• 19 Mar 2015 in National Assembly: THAT, clause 40 of the Bill be amended by inserting a new subclause immediately after subclause (3)— “(4) A publication under this section shall be made thirty days after the final determination of the proceedings” The publication should not be made on interim orders but on final determination of the proceedings. This is just to clarify what that particular clause is seeking to achieve. 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