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{
    "id": 587790,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/587790/?format=api",
    "text_counter": 60,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "of the magistrates have been pegged at Kshs100,000, while we know that the interest of succession matters could be as much as Kshs20 million. That necessitates the parties to travel to the headquarters of the various counties seeking to enforce their rights, particularly on small matters like confirmation of administration. So, this Bill seeks to increase the jurisdiction of the Magistrates’ Courts with particular regard to the pecuniary limits that a Magistrate Court can entertain. We seek to increase in particular the pecuniary limit with regard to succession to a maximum of Kshs20 million. The proposal that is contained in Clause 7 states that the Magistrates’ Courts can exercise jurisdictional powers in proceedings of civil nature in which a value of the subject matter does not exceed Kshs7 million. The Committee discussed that and found that it is too low. We are, therefore, proposing to increase that limit to Kshs20 million. We are also proposing to increase the limit, to be presided by Senior Principal Magistrate, from Kshs5million to Kshs10million and, likewise, going down to Resident Magistrates from Kshs2 million to Kshs4 million. This will save in terms of cost and travel for those who are seeking to obtain letters of administration and confirmation of the same from the Magistrates’ Courts. At the moment, the maximum limit for a Chief Magistrate is about Kshs1 million with regard to succession and it is Kshs500,000 with regard to Senior Principal Magistrate. This is forcing many litigants to travel as far as 150 kilometres to obtain such services. So, we are seeking to help Kenyans to access judicial services at a very close range as opposed to travelling long distances and spending millions of shillings. The Judiciary, through the Judicial Service Commission (JSC), is seeking to establish courts all over the country, particularly at the headquarters of the counties. A High Court shall be established in every county headquarters. They are also seeking to ensure that Magistrates’ Courts are established in every division to minimise the time of travel for those who are seeking judicial services. So, this is a very important Bill as it seeks to ensure that Kenyans who have been suffering are assisted. Hon. Speaker, I am also a victim of these services. We have been seeking to confirm some letters of administration of my late father. The magistrates have not been given the capacity and so, it has forced us to go all the way to Eldoret where it is packed. When we go there, the court list is filled with other very urgent matters like the ones of the Kenya Union of Post- Primary Education Teachers (KUPPET) and Kenya National Union of Teachers (KNUT). So, they never get to our matters and yet, they are very important issues which we need to resolve to minimise wrangles. At times, you see families killing each another because they have not been given the powers to ensure that properties of the deceased are sub-divided to entitled beneficiaries."
}