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{
    "id": 588605,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588605/?format=api",
    "text_counter": 56,
    "type": "speech",
    "speaker_name": "Hon. Mulu",
    "speaker_title": "",
    "speaker": {
        "id": 1955,
        "legal_name": "Benson Makali Mulu",
        "slug": "benson-makali-mulu"
    },
    "content": "Thank you, Hon. Speaker. I want to support this very important Bill which basically discusses how High Courts should be organised for purposes of ensuring that there is effective and efficient administration of justice. Various studies have confirmed that access to justice in this country, more so for the poor, is a tall order. When we see attempts to streamline that process so that the operations of the High Court become smooth, it is quite important. I also want to appreciate the HBC for the way they have sequenced these Bills. We have just finalised discussion on the Magistrates’ Courts Bill and now we are discussing The High Court Organisation and Administration Bill. From the statement by the Leader of the Majority Party, we have been informed that it is more likely that next week, we will be discussing The Court of Appeals (Organisation and Administration) Bill. The way they have been sequenced is very important for purposes of facilitating access to justice. This Bill has very important provisions which will go a long way in ensuring that Kenyans benefit from this arm of the Government. Clause 12 discusses in details how High Courts will be established in every county. This is a very important move in that Kenyans, in all the 47 counties, will have access to the High Court within the counties. This will reduce transport costs and save time for Kenyans which can be used to do other economic activities. Clause 11 is very important. It gives the Chief Magistrate the power to create different divisions within the High Court. In a number of counties, some divisions are not available. I am happy that divisions like the Family and Children Division will be created in all the counties. We will have Criminal Divisions and as we move forward, we need to move an amendment to ensure that in most of these counties, we have a division dealing with land matters, which are thorny issues in this country. Clause 14 is also very important to me. It provides that there is a leadership and management team for each station. This will ensure that even as we administer our High Courts, this is not done by an individual or the Presiding Judge, but by a team. This means that there is teamwork and the Presiding Judge gets opinions from other officers of the court. It is proposed that after every quarter, this team must sit and discuss how to manage or administer these High Courts and this is quite important. Clause 26 discusses alternative dispute resolution mechanism. It provides that even as these High Courts are being managed, there is a provision for alternative dispute resolution mechanism. This is quite important because it will ensure that all the cases do not get to the courts and are not listened to by the judges. This is likely to reduce case backlogs and Kenyans will have their cases determined in a timely manner. At the same time, justice will be delivered to them. We are all aware of the common saying that “justice delayed is justice denied”. Under this provision, Kenyans will access justice timely. I want to read Clause 28, which is very important. It says:- “There shall be a uniform record keeping system in the court specifying the form, style, storage, maintenance and retrieval of records”. The issue of registries in the courts created a rich opportunity for rent-seeking. Court officers would at times hide files or make sure that files are not easily accessible and because of looking for your file, they would demand that you facilitate that process by giving some bribe. If this 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."
}