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"speaker_name": "Hon. Chea",
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"legal_name": "Mwinga Gunga Chea",
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"content": "The success story in this Bill, as has been alluded to by my fellow Members, is the question of succession. We have had a serious problem when it comes to succession. For instance, I used to have one court in my constituency of Kaloleni. This court ordinarily used to be manned by a Resident Magistrate, whose jurisdiction was too low. People had to travel about 65 to 70 kilometers to the High Court in Mombasa to file their petitions for letters of administration. With the jurisdiction of the magistrates serving in their areas, it will be quite easy for parties to file their succession matters in these courts and, of course, have land ownership changed. What is happening today is that there are so many titles that are lying at the registries. Land transactions cannot be done because you realise titles have not been changed and it is a big problem. The other thing that I want to mention here is the question of court administrators. We have been used to a situation where registries are manned from all over. We have also had cases of consumers of justice, litigants for that matter and advocates, complaining about disappearance of proceedings and court files. When proceedings disappear or when court files disappear, this is the time when you realize justice is delayed. Most of the time you have to go back to court, so that you can reconstruct files. Too much time is spent on the reconstruction of files; at the end of the day, the justice people seek is not obtained. That is why I mentioned from the beginning that there must be some level of co-operation. You realise that at times magistrates are transferred suddenly. We really have to see the JSC taking care of these issues. If a magistrate is transferred, and leaves a matter unresolved, then it becomes difficult to handle it. I want to emphasize that for the objectives of this particular Bill to be achieved, then all stakeholders must participate. I support this Bill and thank you, Hon. Temporary Deputy Speaker, for the opportunity."
}