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{
    "id": 588649,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588649/?format=api",
    "text_counter": 100,
    "type": "speech",
    "speaker_name": "Hon. Wetangula",
    "speaker_title": "",
    "speaker": {
        "id": 3036,
        "legal_name": "Timothy Wanyonyi Wetangula",
        "slug": "timothy-wanyonyi-wetangula"
    },
    "content": "disputes can be dealt with at this level. Sometimes, those are provided for in law. Clause 26(4) provides that:- “Where an alternative dispute resolution mechanism is a condition precedent to any proceedings before the Court, the Court shall, by order, stay off the proceedings until the condition is fulfilled.” This is very important because, sometimes, when people enter contracts, they provide a way of resolving disputes when they arise. In other jurisdictions, precedence is taken very seriously. Even the appointment of judges to preside over a case or the appointment of the Chief Justice (CJ) is done based on precedence. That means that the next senior-most judge must be the CJ of that judicial system or the one appointed to be the principal judge. Instead of going through the process of election, we should just follow that rule. That is a better way to handle things. For example in India, the CJ is always the next senior-most judge in the Supreme Court. So, it is always known who the next CJ will be. If that policy is implemented properly, it will bring a lot of order in the judicial system and minimise some of the wrangles that we witness some times. Clause 34 is on the languages used in court. Some consumers of justice, especially the deaf and blind, may not be able to understand the language being used in court. We need to promote the use of the Kenyan Sign language and Braille to enable those people to also access justice. It is good for them to understand the proceedings in court. This is a way of providing for affirmative action to ensure the disabled also access justice. Clause 30 talks about ethics and integrity. It provides that judges must sign and ascribe to the Judicial Code of Conduct. This is very important because, right now, we have what people have been describing in the media as “activism” in the Judiciary. If judges can adhere to this Code, they will discharge their duties and exercise professionalism. Judicial “activism” is whereby a judge overthrows his judgment or vacates it without considering precedents. The other important provision is Clause 23 where we have the High Court Advisory Committee. One of the functions of the Committee is to improve the capacity of the judicial officers. Sometimes, judges are appointed to the Judiciary without even being trained. They are given assignments immediately and that, sometimes, hinders or slows down the process of dispensing justice because the judge is not conversant with the proceedings in the courts. He or she needs to acquaint themselves to what is going on and so, that advisory committee will provide a leeway for capacity building of judges and the staff in the Judiciary."
}