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"content": "can legislate on them, because we are all concerned. So, we just want to send a message to the Chief Justice that we, really, need proper reforms in a way that will help us handle the problems that affect our law courts out there. Having said that, I really want to support the Attorney-General on this Bill, and all the amendments that he has brought. I particularly want to agree with the fact that for 14 years, since the first arbitration law was passed in this country, there has not been any attempt to make amendments to that law, so that we can keep up with the current trends. Mr. Temporary Deputy Speaker, Sir, one of the things that I have sincerely liked in this Bill is the fact that the Attorney-General has seen it fit to give us Clause 9, which basically talks about receipt of documents and communication, which has been upgraded from the normal hard copy communication to e-mail and facsimile communication. This is a great move towards accepting technology as part and parcel of the legal system. I am sure that those professionals listening to us today will know that it is going to mean a lot in terms of hastening proceedings. I sincerely support the innovation that the Attorney- General has brought in Another thing that I have, really, liked is the finality of the arbitral award, which is contained in Clause 36. A lot of times, we have had problems with people who go to arbitration, and just when they are about to be defeated, or to lose the arbitration, they run to the courts and there is that provision of original jurisdiction of the High Court in all matters. I want to speak on that aspect later on. Mr. Temporary Deputy Speaker, Sir, on that basis, they go to court, obtain injunctions and stop everything from happening. In the meantime, money has been spent. People have agreed to settle a dispute through arbitration, and then, suddenly, someone goes to court and stops everything. This has been abuse an abuse of the court process. For those of us who have been practising in court for the last few years, we have seen this process being abused, and I do not know how the Attorney-General will address that particular provision. Even with the particular law that we are debating today, the Second Reading, I do not know how the Attorney-General will stop someone from approaching the High Court, under the Constitution, and claiming that the High Court has original jurisdiction in every matter within Kenya, even after entering into a commercial arbitration agreement. So, he needs to speak on this point, because we are worried about it. Mr. Temporary Deputy Speaker, Sir, I meant to talk about Clause 32A, which I have touched on, on the finality of the arbitration award. I hope that Kenyans will now start accepting that this, indeed, is the way to go for all of us. I also like the fact that with the passing of this law, we are making Kenya, under Clause 36, a place that will be recognized internationally and within the region, where we can have huge arbitration being carried out. I pray that hon. Members will quickly pass this law; for those of us who come from the Coast region know that there are huge transactions that go on there, because of the sea port there. Some of these transactions are international in nature. The transactions involve billions of Kenya Shillings translated from millions of US Dollars. Many of the people who are affected, in terms of the transport by ships, and the things that happen there--- In the event of problems arising, many of the people in commercial transactions have been forced to attend arbitration proceedings in other countries, hence incurring an extra expense."
}