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{
    "id": 416019,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/416019/?format=api",
    "text_counter": 335,
    "type": "speech",
    "speaker_name": "Hon. (Prof.) Nyikal",
    "speaker_title": "",
    "speaker": {
        "id": 434,
        "legal_name": "James Nyikal",
        "slug": "james-nyikal"
    },
    "content": "forced to pay them. But in the legal profession, people just say: “I do not have the money and I will not go there.” I know there are pro bono services, but a lot of people just cannot afford it and they do not even try. I think we need to look at a way of supporting the weak in our society, particularly now when the Constitution has brought in the Bill of Rights. In fact, it is the poor people who actually need their rights protected as they cannot do it on their own. Therefore, I think the legal profession may through this Bill, really come out and help the poor people of this country and make the legal process friendly to people. Hon. Temporary Deputy Speaker, we are all aware of the delay of cases in court. I think both the Bench and the Bar will take responsibility. I have gone through what was started in 2005 and was only concluded last year and there is an appeal which has not even started. If it takes ten years for a case to be concluded, you could as well forget it. So, I think using this Bill as instrument, we really must make sure that--- Lawyers themselves say: “Justice delayed is justice denied.” Then the Bar and the Bench cannot sit together and see justice being delayed and look comfortable. We must look at that. Here in this House we had hon. Members who had a petition; I think it was done quickly but not quickly enough. Somebody went through a by-election campaign only for the court to come later and say there was no need for that petition. How does one feel, if you have gone through that? I think we must do something about the issue of delay. There is also the issue of judgments that do not seem to bear out justice. I am not a lawyer, but I believe that the basis of law is what is just. I think, as much as you need law, it is often apparent to lay people what is just and what is not just. I have never understood why, for example, somebody who is suing for libel or slander will be awarded Kshs10 million or Kshs20 million and somebody who has died and has sued for damages is awarded Kshs2 million. How does this work? Somebody has died and you award Kshs2 million or Kshs3 million. Another person is alive, the only thing that has happened is that his name has been kind of put in disrepute, and you give them Kshs20 million. We, lay people do not understand that. So, maybe you will educate us on that. But I think we need to look at such issues; they bring the profession into disrepute. Hon. Temporary Deputy Speaker, lastly, we are noticing that the period for legal training or education seems to be lengthening with time. I know that before it was three years but then nationally it is four years to go to the University and then you go to the Kenya School of Law. It started with six months and then it was nine months. I think now it has gone to 18 months, and you need Kshs.180,000. People from poor backgrounds have just finished law and graduated and their parents are thinking that they will see some difference. Will they be able to practise if they need another Kshs.180,000 to go through Kenya School of Law? Sometimes people think and I have heard people discussing that lawyers are actually trying to protect their profession by having few people in it. That is an important point. Finally, I appreciate the need to have paralegal personnel, but maybe you can borrow a leaf from the medical profession. We have heard about very many bodies that are coming in that are now having Acts of their own so that the medical profession have numerous Acts regulating various aspects of the medical practice. I think when you get to the issue of paralegals, it may be important to put it all in one Act, so that at the end you do not have this thing called paralegal in conveyance or Constitutional Law and so on 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."
}