13 Oct 2021 in National Assembly:
THAT, the Bill be amended by inserting the following new Part immediately after Part IV—
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13 Oct 2021 in National Assembly:
Determination of disputes.
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13 Oct 2021 in National Assembly:
24C. (1) The Tribunal shall determine any dispute before it expeditiously, but in any case, shall determine a dispute within a period of three months from the date the dispute is lodged. (2) An Appeal shall lie from the decision of the Tribunal to the High Court on points of law and facts and on points of law to the Court of Appeal. (3) A decision of the Tribunal shall be enforced in the same manner as a decision of a Magistrates Court. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this ...
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13 Oct 2021 in National Assembly:
(4) The Tribunal shall apply the rules of evidence and procedure under the Evidence Act (Cap. 80) and the Civil Procedure Act (Cap. 21), with the necessary modifications, while ensuring that its proceedings do not give undue regard to procedural technicalities.
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13 Oct 2021 in National Assembly:
The justification is that it provides for the determination of disputes. Sub-clause (1) provides for timelines within which disputes can be determined. Sub-clause (2) provides for appeals to the High Court. Sub-clause (3) provides for the enforcement mechanisms by the magistrate courts. The Committee settled on the magistrate courts since these are the courts that are close and easily accessible to the farmers as opposed to the High Court. Sub-clause (4) provides for rules of procedure at the tribunal. Thank you.
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13 Oct 2021 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:
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13 Oct 2021 in National Assembly:
THAT, the Bill be amended by inserting the following new Part immediately after Part IV— Powers of the Tribunal. 24D. The Tribunal shall have the powers of the High Court— (a) to administer oaths to the parties and witnesses to the proceedings; (b) to summon witnesses and to require the production of documents; (c) to order the payment of costs; and the provisions of the law relating to commissions of inquiry in Kenya with respect to— (i) the protection of the members of the Tribunal from suit; (ii) the form of summonses to witnesses; (iii) to giving or fabricating of ...
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13 Oct 2021 in National Assembly:
The justification is that it provides for the powers of the tribunal which are:
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13 Oct 2021 in National Assembly:
(a) To administer oaths to the parties and witnesses to the proceedings. (b) To summon witnesses and to require the production of documents. (c) To order the payment of costs and the provisions of the law relating to commissions of inquiry in Kenya with respect to: (i) the protection of the members of the tribunal from suit; (ii) the form of summonses to witnesses; and, (iii) to giving or fabricating of false evidence.
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13 Oct 2021 in National Assembly:
Very well. I can still move an amendment to clean up that and put it as “d”, if that is okay.
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