17 Nov 2015 in National Assembly:
I thank you, Hon. Temporary Deputy Chairman. Hon. Fatuma is a Member of the Departmental Committee on Justice and Legal Affairs and listening to her, I am very sympathetic. The only reason I am opposing this amendment is because she has not provided for the qualifications of the degree holder. How many years should a degree holder have practised and in what field? The reason she has given is that there are fewer lawyers in this country. Just for her information, last year, there were 800 lawyers who were admitted as advocates. This year, we are going to admit 1,000 ...
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17 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I am taking a bit of time because Hon. Fatuma has been saying that the 18 lawyers in our Committee behave like they are more important than the rest who are not lawyers. We recognise every other person’s profession, but for purposes of arbitrating or deciding on conflicts, this is a matter that requires legal training. As Hon. Fatuma has just said, she was thinking that there are fewer lawyers. Maybe with the information that I have given her now, that in the previous year and last year, we had over 800 lawyers admitted as advocates, ...
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17 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 5 of the Bill be amended in subclause (2)(b) by deleting the word “five” appearing immediately after the words “at least” and substituting therefor the word “three”. The import of this is to reduce the qualification of the advocates or lawyers to occupy those positions. As you know, we have many young people who are graduating and we must afford them an opportunity. We know that someone is grounded in law after practising for three years. It is important that we reduce that period so that we allow many young ...
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17 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 8 of the Bill be amended— (a) in paragraph (a) by deleting the word “and” appearing immediately after the word “experience” and substituting therefor the word “or”; (b) by deleting paragraph (b) and substituting therefor the following paragraph— “(b) has trained as a paralegal at the Kenya School of Law.” The import of this is to allow persons who are trained as paralegals to qualify for appointment as registrars of the Small Claims Court. As you know, there are paralegals who have been trained at the KSL and other colleges ...
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17 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 12 of the Bill be amended— (a) in subclause (1) (a) by inserting the word “or” immediately after the word “goods”; (b) in subclause (1) (C) by deleting the word “of” appearing immediately after the word “delivery” and substituting therefor the word “or”; (c) in subclause (3) by deleting the word “one” appearing immediately after the words “limited to” and substituting therefor the word “two”;
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17 Nov 2015 in National Assembly:
First, we got mixed up with Clauses 9 and 12. We are seeking to correct grammatical errors that are contained in the Bill. Secondly, we seek to increase the pecuniary jurisdiction of the Small Claims Court from Kshs100,000 to Kshs200,000. As you know, inflation and many other factors have eroded the Kenya Shilling. The figure of Kshs100,000 is too small and Kshs200,000 is likely to be the most appropriate figure.
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17 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 13 of the Bill be amended— (a) in subclause (1)(b) by deleting the words “or abandoned” appearing immediately after the word “withdrawn”; (b) by inserting the following subclause immediately after subclause (2)— “(3) subject to section 12 (3), a higher Court may transfer a claim to a Small Claims Court.”
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17 Nov 2015 in National Assembly:
First, we are seeking to remove superfluous words like “abandoned” which ought not to be in the text of the clause. Secondly, we are seeking to enable the High Court or any court to transfer a claim that falls within the jurisdiction of the Small Claims Court of Kshs100,000. That will ensure that we unclog the High Courts and the Magistrates Courts from those small claims that are pending in those courts at the moment.
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17 Nov 2015 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 15 of the Bill be amended— (a) by deleting subclause (2); (b) by deleting subclause (3); 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.
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17 Nov 2015 in National Assembly:
(c) in subclause (4) by deleting the expression “, (2) and (3)” appearing immediately after the expression “(1)”.
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