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{
    "id": 587182,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/587182/?format=api",
    "text_counter": 227,
    "type": "speech",
    "speaker_name": "Hon. Kang’ata",
    "speaker_title": "",
    "speaker": {
        "id": 1826,
        "legal_name": "Irungu Kang'ata",
        "slug": "irungu-kangata"
    },
    "content": "potential of a conflict between the functions of the Registrar in the High Court and the Chief Registrar as we know her. Therefore, the only good thing we noted in the Registrar provided for in the Magistrates’ Court is the form of synergy created by this law with the Chief Registrar. I would urge that as we debate these clauses relating to administration of those courts, we take into account the need to have harmony and a reporting mechanism, so that we do not disrupt the flow of power in respect to the functions of the Chief Registrar. Another aspect we need to take into account is the issue relating to land. Presently, there is a great confusion in practice of land matters because land matters are handled by judges in the High Court - not all judges but specific ones. As a result, for instance, in my county, Murang’a, if you have a land dispute--- I know that 85 per cent of all matters in Murang’a tend to be on land. Everyone is being told to go to Nyeri Court. We have a High Court Judge in Murang’a, but it means the Nyeri Court Judge is the only one who handles land matters in the entire Central region. It is quite expensive. We have a High Court Judge in Murang’a who cannot handle such matters. If we were to vest land matters jurisdiction on magistrates, it will be important because it is going to address a lacuna which was sneaked into the law some few years ago. We tended to create land courts and give them exclusive jurisdiction on land matters. The other area we need to look at is on Clause 7(3)(c)(d). This is where they are saying that a Magistrates’ Court shall have jurisdiction in proceedings of civil nature under African Customary Law in matters relating to seduction and pregnancy on unmarried woman or girl, and (d) talks about enticement of/or adultery with a married person. I am a moralist and I still believe some of these issues need to be punishable under the law. The only one I find funny is the one on seduction or pregnancy of unmarried woman or girl. Why? This clearly violates the key provisions of the Children’s Act. Anything to do with a child should be left to the Children’s Act."
}