19 Mar 2015 in National Assembly:
I beg to move:-
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19 Mar 2015 in National Assembly:
THAT, the Bill be amended by deleting clause 42;
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19 Mar 2015 in National Assembly:
Hon. Temporary Deputy Chairman, the reason is that this is already provided for in the Constitution. It is, therefore, unnecessary for us to repeat it here. It just seeks to explain that nothing in the Act shall limit or affect the power of the court to make an order under any law relating to marriages or matrimonial causes. There are already Acts with such provisions. Hon. Members will remember that we have already passed the Matrimonial Causes Act and the Marriage Act. Therefore, we do not need to mention them here.
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19 Mar 2015 in National Assembly:
Thank you, hon. Temporary Deputy Chairman.
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19 Mar 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 43 of the Bill be amended- (a) by deleting subclause (1); (b) in subclause (2) by inserting the word “have” immediately after the words “shall”;
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19 Mar 2015 in National Assembly:
Hon. Temporary Deputy Chairman, the reason is that we are importing the provisions on perjury, which are contained in the Penal Code, into this legislation. That is completely unnecessary. If somebody makes a false statement in any application or an affidavit, there is already a provision to deal with that situation in the Penal Code. The penalty is heavier than Kshs200,000. When we saw the figure of Kshs200,000, we realized that it is too little for somebody who has perjured himself or herself. So, that is already contained in the Penal Code. The electronic version of the Official Hansard Report ...
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19 Mar 2015 in National Assembly:
Thank you, hon. Temporary Deputy Chairman.
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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 44.
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19 Mar 2015 in National Assembly:
Hon. Temporary Deputy Chairman, the reason is that it makes reference to other proceedings that are sui generis . They are completely different from civil or criminal cases. There are only two branches of law. A matter is either civil or criminal. When you say “other proceedings”, you are presupposing that there are other branches of law that exist other than these two. We are saying that if it is a constitutional reference, it is a civil matter and if it is a criminal matter, it is regulated under criminal law. There are no other proceedings other than criminal and ...
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