Samuel Kiprono Chepkonga

All parliamentary appearances

Entries 2361 to 2370 of 3315.

• 27 Aug 2014 in National Assembly: Thank you hon. Chairlady, I must thank hon. Kang’ata. He has withdrawn what I thought to myself was a completely new law that he intended to introduce here, particularly to parts (a) and (b). I am trying to persuade him because of two things. Where a victim is a complainant in a criminal case, that victim who is a complainant must have given evidence in the first instance. To allow the victim again to submit at the close of the prosecution, that is prejudicial to the rights of the accused person. What I am suggesting hon. Chairlady is that the ... view
• 27 Aug 2014 in National Assembly: our nature of proceedings is adversarial, they are not friendly. So, I suggest - and I have suggested here to my colleague here who is my good friend - that we leave out the victim himself or herself giving evidence. But they can give submissions, both oral and written, at the conclusion of the trial. view
• 27 Aug 2014 in National Assembly: The amendment is on the first one; 10A so that it reads as follows:- “Where the victim is a complainant in a criminal case, the advocate may be entitled to give oral or written submissions’. I hope he has no objection to that. view
• 27 Aug 2014 in National Assembly: Thank you, hon. Chairlady. I do not have a problem with (b) because the substantive 10A is subject to (b). But with regard to (c), which I suppose is going to be (b), that is not subject to the Evidence Act. The reason why I was saying that the victim or the complainant can obtain an advocate is this: There are very many organizations that provide free legal aid, including Clarion. I have done that before myself, in which I have given pro bono services to a number of those victims. If you request from those institutions, they will always ... view
• 27 Aug 2014 in National Assembly: Hon. Chairlady, on further reflection, I do not wish to oppose my colleague, who is a very able Member of my Committee. But I want to assure him that this is going to be a very contentious provision. If I were the one who is being subjected to this kind of treatment, of course, I would raise very many constitutional issues and we leave it to the court to decide. view
• 27 Aug 2014 in National Assembly: Hon. Temporary Deputy Chairman, I beg to move:- THAT, the Bill be amended by- (a) deleting clause 11 and substituting therefor the following new clause 11- Right to Information 11(1) A victim has the right to information under Article 35 of the Constitution, this Act or any other written law. (2)The information referred to in subsection (1) shall be such information as is necessary for the realisation by the victim of their rights under this Act. (3)The right to obtain information under this Act shall not unreasonably delay or prejudice the investigation or prosecution or affect the safety or security ... view
• 27 Aug 2014 in National Assembly: (n) the Board on the Power of Mercy and the means to contact the Committee for purposes of giving the perspective of the victim in accordance with Article 133 (4) of the Constitution; and, (o) where an offender is convicted to serve a non-custodial sentence, including community service orders under the Community Service Orders Act, or probation under the Probation of Offenders Act, the area where the offender is likely to serve the term and whether the offender will be in the vicinity of the victim. (b) by inserting the following new clause immediately after clause 11- Right to submit ... view
• 27 Aug 2014 in National Assembly: Hon. Temporary Deputy Chairman, the reason as to why we are providing this very comprehensive amendment--- view
• 27 Aug 2014 in National Assembly: Thank you, hon. Temporary Deputy Chairman. What I have just said is that we are proposing that Clause 11 be amended by including Clause 11(1)(A) to provide for the rights to information by a victim. As hon. Members may know, Article 35 of the Constitution gives every person the right to obtain any information that they may require, and which may be in the custody of any person, 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
• 27 Aug 2014 in National Assembly: particularly those in authority. So, we are restating that particular Article 35 in this legislation to ensure that it clarifies the issues, so that we do not need to make references all over the place when dealing with the particular issue of providing information. Secondly, it provides for the procedure of obtaining the information by a victim or their lawyer. Therefore, we propose that Clause 11 be amended as indicated in the Order Paper, together with Clause 11A, which deals with the right to submit information. As hon. Members know, at times the police may take too long in submitting ... view