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{
    "id": 42729,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/42729/?format=api",
    "text_counter": 362,
    "type": "speech",
    "speaker_name": "Mr. M. Kilonzo",
    "speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
    "speaker": {
        "id": 47,
        "legal_name": "Mutula Kilonzo",
        "slug": "mutula-kilonzo"
    },
    "content": "The Supreme Court will also have an advisory role and, above all, the special jurisdiction to ensure that the ends of justice are met. Hon. Members will find this under Part III of the Bill. A key highlight of the provisions on the Court’s jurisdiction is that it will be a special jurisdiction, as captured under Clause 14. Allow me to call the attention of the House, as I usually do, to the fact that this clause has been crafted very carefully, indeed. The importance of this special jurisdiction needs not to be overemphasised. Mr. Deputy Speaker, Sir, we are all aware that Kenyans have had to bear great misery and suffering arising from unscrupulous judgements. Some of those judgements have led to removal of some judges and magistrates, yet the ramifications of the same continue to exert untold suffering on quite a number of Kenyans. Hence I encourage hon. Members to carefully study Clause 14, and if they deem it fit, allow it to exist. In conferring this special jurisdiction on the Supreme Court, we are remedying the wrongs that may have been perpetrated on the Kenyan people in the previous dispensation. Speaking from a legal training background, I was taught that it is far better that 99 guilty persons be let free by a court of law than a single individual to be condemned and punished for an offence in which he was innocent, hence this special jurisdiction of the Supreme Court. Mr. Deputy Speaker, Sir, further, the Bill provides the manner and criteria for the exercise of the Supreme Court’s appellate jurisdiction. It sets out the threshold and instances upon which the court may decline to hear appeals. The Bill also makes provisions regarding fresh hearing of appeals. For the first time in the history of this country, we are going to allow the highest court, where it is satisfied that the ends of justice so require, to actually take evidence and hear a matter completely afresh. There are general powers regarding proceedings and the exercise of the powers granted by the Constitution and the law. You will find that in Part V. Mr. Deputy Speaker, Sir, from the foregoing, this Bill provides a very critical mechanism in our judicial reform process. I will be encouraging other East African partner states to consider it very carefully, so that the entire region can move forward together in the rule of law. I will plead with hon. Members to carefully consider the importance of this Bill and enact it as quickly as is possible. Mr. Deputy Speaker, Sir, we have borrowed very heavily in creating this law from the Commonwealth, particularly Canada, the United Kingdom and Australia. I want to specifically mention New Zealand which has helped us a great deal in the formulation of the various clauses. With those few, but extremely important remarks, I beg to move. My good learned friend, Mr. Abdikadir, Chairman of the CIOC has kindly agreed to second the Bill."
}