Justice and Legal Affairs Committee Recieves Legislative Proposals From Hon Baya and Hon Wamboka

0

The Justice and Legal Affairs Committee chaired by Hon. George Gitonga Murugara (Tharaka) has received Legislative Proposals from Hon. Owen Baya (Kilifi North), on the Advocates (Amendment) Bill, 2023; and Hon. Wamboka Wanami (Bumula), on the Political Parties (Amendment) Bill, 2023.

Hon. Baya, who is also the Deputy Leader of the Majority Party, proposes to amend the Advocates Act, Cap. 16, to allow the Citizens of Burundi and Rwanda to be eligible for admission as Advocates in Kenya, subject to them having the relevant professional and academic qualifications.

According to Hon. Baya, this move will help accelerate the integration process of East African Community (EAC) which the two countries are a part of, and thus the need to accord them equal treatment as their counterparts from Uganda and Tanzania.

“The East African Treaty obligates the EAC to ensure that there is a standardization of their syllabi and in my previous presentation before the Budget Committee, the Council of Legal Education (CLE) had undertaken measures to ensure that there is harmonization of what is taught in Rwanda and Burundi. Kenyans are practicing in other countries within EAC, but Kenya has only opened doors to Uganda and Tanzania”, noted Hon. Baya.

The Court of Appeal on 27th September 2019 struck down some sections of the Statute Law (Miscellaneous Amendments) Act, 2012, citing lack of public participation and the ongoing reform process. The sections that were struck down include amendments to sections 12 and 13 of the Advocates Act, Cap 16, which allowed Citizens of Rwanda and Burundi to be eligible.

Bumula MP, Hon. Wamboka Wanami also presented his proposals on the Political Parties (Amendment) Bill, 2023 before the Committee. The proposed legislation seeks to amend the Political Parties Act No. 11 of 2011, to provide for the establishment, functions, staffing and administration of the offices of the Official Opposition Leader and that of the Deputy Opposition Leader.

According to Hon. Wanami, the offices if established, will promote active participation in governance by individual citizens including organizing civic education in democracy and other electoral processes as well as in influencing and shaping of public opinion on matters of good governance, democracy and electoral processes.

The Bill seeks to amend section 25 of the Principal Act by deleting and substituting with a new subsection to provide for funding for the two offices from the Political Parties Fund.

“We have a problem in the country. The constitutional way is going to take a lot of time. This is meant to quell some of the tension that exists in the country”, submitted Hon. Wanami.

The Committee Chair, Hon. Murugara requested for further details on this proposal including the functions of the offices (whether they will conduct national or political functions); whether they will sit in Parliament or outside Parliament; whether they will use public money to run private functions; how issues of abuse of office will be handled, and how that can be married with the Constitutional provision on how public money is spent.

Hon. Wanami promised to appear before the Committee again soon, with all the required information.

Post Author

Leave a Reply