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"speaker_name": "Hon. A.B. Duale",
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"legal_name": "Aden Bare Duale",
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"content": "Hon. Speaker, it is good that you mentioned those great Members who did their bit yesterday. For those of us who are here, today, we will have our chance to contribute. As I said yesterday, this is another arm of the Judiciary that, within the reading of the Constitution, must undergo reforms. Here, we are dealing with High Court, in terms of organization and its administration. This is one of the legislations to be enacted by Parliament as required under Article 261(1) of the Constitution. As you will recall, this piece of legislation was supposed to have been passed by 27th of August, 2015. It went through the First Reading in the National Assembly on 19th of August, 2015. It is one of the Bills in respect of which the National Assembly granted extension of time for their enactment by one year, which will lapse on 27th August, 2016. What is the importance, the objectives and principle behind this Bill? Why do we want to reorganize the administration of the High Court? The High Court is an important organ. It has been described as the cornerstone of the Judiciary. In order for it to have smooth operations and effective administration that can create and facilitate efficiency in the conduct and management of the judicial function of this court, the framers of the Constitution found that Parliament must enact legislation as required by the Constitution under Article 261(1). A big percentage of Kenyans who access the Magistrate Courts also go to the High Courts of Kenya for judicial service. The High Court draws its mandate from Article 165(3) of the Constitution, hence described as the cornerstone – a very fundamental institution within the Judiciary. This Bill wants to give effect to Article 161(1) of the Constitution, which provides that the High Court of Kenya shall consist of a number of Judges as prescribed by an Act of Parliament. Thus the High 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."
}