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{
    "id": 706536,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/706536/?format=api",
    "text_counter": 193,
    "type": "speech",
    "speaker_name": "Hon. Gikaria",
    "speaker_title": "",
    "speaker": {
        "id": 2489,
        "legal_name": "David Gikaria",
        "slug": "david-gikaria"
    },
    "content": "Thank you, Hon. Temporary Deputy Speaker, for giving me this opportunity to comment on this very important legislation. My colleagues who spoke earlier regarding the misuse of the aspect of contempt of court said that the courts have been misusing their jurisdiction and the powers that have been bestowed upon them regarding this aspect. I want to thank the 11th Parliament for legislating on a very important Bill. At the same time, it is important for us to point out that we should respect the decisions of a court. If we do not respect decisions which come from courts, then the end result will be anarchy. This country will be ungovernable. At the same time, as Parliament, we have come up with a legislation that will protect the interests of the public and those people who will be charged with this. It is important for us to really take it into consideration. I will start with some of the worrying sections of this Bill. It is important for us to look at them. One of them is Clause 19 on the use of recording devices. Clause 19(1)(a) says very clearly that subject to subsection (4), it is contempt of court to record proceeding except with the leave of the court. An innocent Kenyan would walk into a court room with his mobile phone and record proceedings. As the Bill says, you need to get leave of the court to do that. The same law does not indicate what process you need to go through if you want to get leave of court and be allowed to record the proceedings. It is also dangerous because this is an era, and I agree with my brother Hon. Mbadi, where everybody is supposed to be privy to information within Parliament, in the court rooms or in our Committees. It is important for the public to get this information. Clause 19(1)(b) states that it is contempt of court to publish a recording of legal proceedings made by means of any such instrument, or any recording derived directly or indirectly from it, by playing it in the hearing of the public or any section of the public, or disposes of it or any recording so derived, with a view to such publication. These are some of the things we want to look into. Clause 18 is on discussion of public affairs. This is important. Some of these comments are made in public forums where you openly discuss issues. This Bill indicates that matters of public interest that are discussed in public cafes or in public forums should not be included as contempt of court. It is important for us because it gives some precautions. Clause 16 of the Bill talks about complaints against the presiding officer. It protects one that if you make an honest and factual complaint against a presiding officer, then you are not charged. If you criticise any court officer be it a judge, a prosecutor or the investigating officer, then they might use that as contempt of court. Clause 15 of the Bill talks about fair criticisms of the Judicial Act but not contempt of court. The other day when the position of the Chief Justice fell vacant, people were asked to apply. The Judicial Service Commission (JSC) shortlisted individuals they believed were qualified and needed to go for an interview. One of those people who were not shortlisted went to court and Justice Odunga gave a ruling that everybody who had applied must be interviewed. If you comment about that decision by Justice Odunga in a public forum, then that is a fair criticism. If there were 200 applicants, then that would have been too much. On Tuesday, I saw a long list of 748 applicants for positions of commissioners of the Independent Electoral and Boundaries Commission (IEBC). If one of the applicants uses the judgment by Justice Odunga, then we will be forced to interview over 700 applicants. It is important for us to look at the fair criticisms of a judicial Act. 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."
}