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{
    "id": 463641,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/463641/?format=api",
    "text_counter": 206,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Kajuju",
    "speaker_title": "",
    "speaker": {
        "id": 840,
        "legal_name": "Florence Kajuju",
        "slug": "florence-kajuju"
    },
    "content": "Thank you, hon. Speaker. I stand to support the Bill. But while appreciating the issues that have been raised in the Bill, there are some other concerns that I will put forward as I make my submissions. Hon. Speaker, Sir, Section 9 of the Bill is good because it recognizes the power of the Chairperson to make the proceedings of the Tribunal orderly and expeditious. But it also recognizes devolution because this is the time we have gone into the counties. There should be devolution in every centre of power. Every centre of any institution that has been set up by the Government should recognize devolution. We also recognize the issue of access to justice. But my concern is in as far as this Clause is concerned. Section 9 (2) (b) states:- “The Chairperson shall determine the place at which a panel may sit.” It is my prayer to this Committee that it will go further and make provisions for registries to be set up. That is because much as what we have in the Bill shows that the penal or the tribunal can sit at any place or at any county that the Chair might decide; there is a process through which a matter should go before it comes before the Tribunal. There must be a registry where a dispute is filed or a case is filed before it reaches the Tribunal. So, my concern is that this Bill and that Clause in particular should provide for registries so that any person whose rights have been infringed can easily access the registry and be able to file the case before the Chair gives directions on when the case will be heard. That is because we have to recognize the fact that, expeditious trial of any matter is very important and that is why we talk about justice delayed is justice denied. Not every Kenyan may be able to reach the Central Registry probably in Nairobi to be able to file their disputes. Hon. Speaker, my other concern is that under Clause 29 of the Bill, it provides for the publication of the decisions and the reasons of the Tribunal. It states that once those decisions have been filed, they can then be applied by any person because they are an authority by themselves. But what is lacking in that provision - Section 29 (9) - is that under any law in Kenya, there must be a provision for a reasonable time within which any decision can be made. A decision that has been made by any court of competent jurisdiction - and the Tribunal in this case will be a court - must be publicized within a reasonable time. So, if I was a party in a suit and I was not present when a decision of 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."
}