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{
    "id": 587202,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/587202/?format=api",
    "text_counter": 247,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "Thank you, Hon. Temporary Deputy Speaker, for giving me the opportunity to contribute to this Bill. Even as I contribute, I want to echo your remarks. We should make it a good practice that before we debate Bills such as this, the Committee endeavours to give us a report. That way, Members can be properly guided on how to proceed with their deliberations. I am glad that the Vice-Chairperson of the Committee was here. She gave some highlights which should be informative, especially to people like me who do not necessarily have a legal background. This Bill is important because much as it aims at giving effect to Articles 23(2) and 169(1) (a) and (2) of the Constitution, the underlying theme is access to justice. As long as Kenyans can access justice, it will be good for our country. As much as possible, every Kenyan should be able to access justice whenever they want and wherever they are. The Bill talks about the Magistrates’ Courts. Even as we talk about access to justice, one of the problems that we have, which impedes access to justice, is what it costs for people to file their cases before court. I have gone through the Bill, but I have not seen this covered. Maybe, it is discussed elsewhere. It would be nice for the cost of accessing courts of justice to be made as affordable as possible. Many times, people are not able to access justice because they cannot initialise the process of appearing for their cases to be heard. I do not want to go into issues that have been talked about. The marginal note to Clause 7 provides for civil jurisdiction of Magistrate’s Court. The clause sets the limits of the amounts each Magistrate’s Court can handle. Clause 7(1) provides as follows:- “A Magistrate’s Court shall have and exercise such jurisdiction and powers in proceedings of a civil nature in which the value of the subject matter does not exceed— (a) seven million shillings where the court is held by a chief magistrate; (b) five million shillings where the court is held by a senior principal magistrate; (c) four million shillings where the court is held by a principal magistrate; (d) three million shillings where the court is held by a senior resident magistrate; or, (e) two million shillings where the court is held by a resident magistrate.” Hon. Temporary Deputy Speaker, some of these things tend to be very unique. For example, in rural areas where some of us come from, a piece of land may cost about Kshs3 million or Kshs4 million. But the same size of land in Nairobi would probably cost tens of millions of shillings. Perhaps, one of the ways of making this Bill neater would have been to mention that each of these courts will have varying limits of jurisdiction upon civil matters that appear before them, but provide the limits through regulations so that it makes it easier to vary the limits. In any case, Clause 7(2) provides that “The Chief Justice may from time to time, by notice in the Gazette, revise the pecuniary limits of jurisdiction set out in Sub-section (1) taking into account inflation and change in prevailing economic conditions.” 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."
}