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{
    "id": 588654,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588654/?format=api",
    "text_counter": 105,
    "type": "speech",
    "speaker_name": "Hon. Dido",
    "speaker_title": "",
    "speaker": {
        "id": 2749,
        "legal_name": "Col (Rtd) Ali Rasso Dido",
        "slug": "col-rtd-ali-rasso-dido"
    },
    "content": "Making the court the arbitrator and referee by being fearless and acting without favour or prejudice to deliver justice has been a sticking point for the Kenyan court system. Currently, the distribution of High Courts throughout Kenya has, to an extent, alleviated the problems that Kenyans were facing in dispensing justice. In the old days, the people of Marsabit used to go to High Courts in Meru or Nyeri to seek justice but, with the opening of a High Court in Marsabit, I believe justice has been brought closer to the people. In the Kenyan court system, there are two laws; the law for the rich and that for the poor. It is something that we should not run away from. Going into the clauses of the Bill, I will start with the guiding principle. I am happy this has been included in the Bill. I consider this to be the rules of engagement because it has included the values, independence of the court system and the court adhering to the Constitution. These principles have not been laid out before and so, the court has been used for activism, political correctness and populism in delivering justice to the Kenyan people. The other area which I wish to speak to is the transfer and deployment of judges. I believe in this statute, it has been said how a judge can be transferred from one area to another. What has been happening is a judge over-staying in an area for 10 or 20 years and he becomes the embodiment of that court system. I believe through that, justice has not been fairly dispensed to many Kenyans in this country. The other area is the circuit courts. Including them in the Bill is really valuable to this piece of legislation. It is very important for the court to become flexible and reach all corners and hamlets of this country for Kenyans to seek justice. The other area is qualification for the appointment of the registrar of the High Court in the administration of the court. This has been stipulated, but three years is a short time for an individual to be a registrar of the High Court. Most of my colleagues who have spoken before me have spoken on alternative dispute resolution. A famous judge once said: “I am not God to judge the truth, but I make fair judgement from what the parties present.” Courts should be a point of last resort in terms of settling disputes. I believe building an alternative dispute resolution mechanism into our court system is very important. Traditional dispute resolution mechanisms have been with us for a very long time and continue to be with us. If this is built into our court system, it will save the court’s time and save this country’s resources. Having it is really important. The other area is the budget. Our courts have not been performing well. They have not been delivering timely justice. They do not assemble on time and do not have the necessary infrastructure to carry out their duties. All this is because of budgetary constraints. A court station can be opened somewhere and it does not have even the basics. With this Bill, we will put the courts on the spot if the necessary funding is available. The other area is welfare of judges and judicial officers. Like it has been observed, welfare and morale of individuals working in institutions shows the lustre or gold lining of that institution because they will perform to the best of their ability based on how well individuals are looked after. Therefore, I believe in the area of mentoring, peer review and promotions that have been put in this Bill, there will be progression in improving the functions and the authority of a court system."
}