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{
"id": 42760,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/42760/?format=api",
"text_counter": 393,
"type": "speech",
"speaker_name": "Mrs. Odhiambo-Mabona",
"speaker_title": "",
"speaker": {
"id": 376,
"legal_name": "Millie Grace Akoth Odhiambo Mabona",
"slug": "millie-odhiambo-mabona"
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"content": "Madam Temporary Deputy Speaker, my good friend did not understand what I said, but I will repeat it for his sake. A lot of times, women fear applying for positions because they are going to be asked tough questions. I am saying that there are tough women who applied for the position of Chief Justice, including Hon. Justice Mary Angâawa. She was asked tough questions including being told that she conducts her court as a kindergarten. I said that the people who interviewed her were lucky because if it were me, I would have said that, if I am dealing with people like you, no wonder I conduct my court as a kindergarten. Women must learn to be tough because the world expects us to be ten times tougher than men to make it. Therefore, do not be discouraged when we are asked tough questions. So, that is what I am saying. Even now, Justice Angâawaâs leg has not broken because she was asked tough questions. Her hair has not fallen off. She has not grown fatter or thinner. She is still the beautiful Justice Angâawa plus all the other women who were asked questions. They are still the same old women. So, I am encouraging them. In fact, what has happened is that we now know them more and we know their capabilities. So, I am asking them to be tough. The least that can happen is that they can leave you out. If they leave you out, tell them that it is their loss and not yours. Madam Temporary Deputy Speaker, I am happy that this Bill talks about and acknowledges that the reason we are setting up this Supreme Court is to acknowledge the sovereignty of the people of Kenya, which we have been harping on a lot. We are saying, as a people, that we want to take back our destiny. We want a court that we can trust in, so that should we have disputed election results, we can go there instead of resorting to violence. Therefore, I want to say that it is not just the court, but it is the people who will go and occupy that court. I would like to say that, under Clause 3(e), I am very happy. It acknowledges that one of the things it seeks to do is to improve access to justice. I have worked a lot with very poor people in providing justice. That is why I call myself a social entrepreneur because I was giving justice for free without expecting any payment. If you look at the way this Bill is configured - I must say â I am very happy because it is very mindful of that. Clause 31(b) talks about empowering the Registrar in order to promote access to justice, to waive, reduce or postpone the payment of a fee required in connection with a proceeding. Even though it is constitutional, it is important that we provide it here so that when they are deliberating, if a poor person comes from Suba and cannot access the courts, especially on the issues of the Constitution, they can come very easily. I would like to encourage the Minister and the relevant committee to look at the fact that, even though we provided for access to justice that is monetary in nature, we need to look at the procedures. That is because the Constitution says that the procedure shall not be technical. I do not see that in the Bill. So, can we provide that very clearly? We can even provide that you can go to court by way of a letter, the same way you can write it to your boyfriend or your girlfriend. Many Kenyans have no clue what a petition is, what an originating motion or originating summons are. If my right is violated, I should write to Dr. Willy Mutunga, whether or not with stud and tell him: âPlease, note that this right has been violated.â That is by a letter. I can write to whoever is there. The Constitution is very clear that, if it is a violation of a right--- I presented a memorandum with the children of Kenya. They made the presentation themselves. That is because I have dealt with so many children who do not have legal fees and who do not have expertise and come from remote parts of the country. All they want to do is to reach the courts. When the children made that presentation - and I have that cutting until today in my house - they said: âWe want to reach the courts in the easiest way.â It was provided for in the law. Do not make it difficult. I want to encourage the Minister that we need strengthening of the parts that talk about representative suits and class action suits. That is again under Clause 31. If you make reference to it, you will see that it is not very tight. That is under Clauses 30 and 31. We should make it very strong. If Milly was to represent a child, you should not put onerous tasks on me because I am just doing it because I am concerned about children. Many times, I have represented more than 1,000 children and they are not all my children. It is the same for people who are representing women, poor Kenyans and, especially, landless Kenyans. Madam Temporary Deputy Speaker, I would also want to encourage under Clause 10, all that all we provided for the Chief Registrar to deal with must also keep with the new technology. One of the reasons why we have delays in our courts is because we use old technology. So, could we, please, provide for use of technology? I would also want to encourage the Minister to relook again at Clause 13. How do you commence an advisory opinion? You have made reference to other ways of commencing suit, especially, under Clause 12. However, how do you commence under Clause 13? I want to laud you for Clause 20, which provides that appeals to the Supreme Court may, where the court considers it necessary, proceed by way of fresh hearing. That is noble and wonderful because, sometimes, when we go by way of an appeal and you do not get the opportunity to look at matters afresh, then the court may miss a lot of things, including the demeanor of people who are presenting. So, when circumstances call for, I am happy that we made provisions that the Supreme Court can start afresh. I am also very happy with Clause 21(3) that; the Supreme Court may make an order necessary for determining the real question in issuing the appeal, and may amend any defect on the record of appeal. For those of us who are in practice, we know that many cases are lost not because of substance, but because of technicality. You are told that you did not file within 14 days when somebody has stolen your shamba . You do not know what 14 days means. All you know is that your shamba has been stolen. When you go back home, you may not count 14 days. You may just pick up a panga and cut the person because the court did not favour you when you can see a clear injustice. Because of that, I am very happy that we are acknowledging that we should not stick too much to technicalities. I know that we have borrowed a lot from the English. However, I am one of the lawyers who consider myself â I do not want to say progressive--- But when I go to court, I am one of the few lawyers who started to wear trousers."
}