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{
    "id": 587178,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/587178/?format=api",
    "text_counter": 223,
    "type": "speech",
    "speaker_name": "Hon. Kang’ata",
    "speaker_title": "",
    "speaker": {
        "id": 1826,
        "legal_name": "Irungu Kang'ata",
        "slug": "irungu-kangata"
    },
    "content": "Secondly, this law has brought the new concept of contempt of court. Previously, it was quite a debate before a magistrate, when an issue of contempt of court arose. That is because in the current law, if such an issue happens, two things happen. One, you make a reference to the High Court. Strictly speaking, apart from what we call contempt on the face of the court, a magistrate does not have powers to punish for contempt. Therefore, one is forced to go to the High Court to make a reference so that he can enforce a court order. Secondly, the law which the advocates or the court is going to rely upon to punish contempt will be the law that is subsisting as by that time you are going to the High Court in England. It means we were an appendage of England in so far as issues of contempt are concerned. This new law has brought specific clauses dealing with the issue of contempt of court. To that extent, I think it is an improvement and it is going to help on issues to do with enforcing various court orders. Hon. Temporary Deputy Speaker, another key issue that I noted in this law which is quite important is to do with enhancing the jurisdiction of Magistrates’ Courts in so far as succession matters are concerned. Presently, we know so many people who have passed on and left property, and their children are unable to go to court because the law says that any succession matter beyond Kshs100,000 and above is taken to the High Court. The High Court is expensive and it is located far for citizens. They are unable to reach it. As a result, there are so many properties that cannot be bequeathed to the survivors. Therefore, such people cannot access credit and title to land. Therefore, when you enhance the pecuniary jurisdiction, you are enabling estates to be divided among the beneficiaries in an easier and available manner to most Kenyans. I have also noted that in Clauses 8 and 9 of this law, magistrates have jurisdiction to enforce matters relating to human rights abuses, employment and labour relations. In my opinion, it is a good thing on one hand because we are in a country where human rights and labour laws are quite important. However, I want to urge caution. In my own opinion, I have noted the kind of jurisdiction that has been coming out of the Human Rights Court in Nairobi, and the labour court appear to be quite suspicions. It can stall the economy and bring radical social engineering pronouncements which should be left to politicians who are duly elected. Maybe, we can enhance qualifications of people who will be handling this matter at the magistrates’ level. Otherwise, I foresee danger where magistrates will start issuing some awards which are weird if at all the examples I have seen set in the High Court are anything to go by. Of course, I stand to say I personally treat them with a lot of suspicion in terms of their jurisprudence foundation. I would imagine that they would be devolved to the Magistrates’ Courts. Another aspect I have noted in this issue---"
}