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{
    "id": 588669,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588669/?format=api",
    "text_counter": 120,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) R.K. Nyamai",
    "speaker_title": "",
    "speaker": {
        "id": 1979,
        "legal_name": "Rachael Kaki Nyamai",
        "slug": "rachael-kaki-nyamai"
    },
    "content": "are able to know where they are, where they would like to go, challenges that they are facing and the opportunities available that the institution can use. I see monitoring and evaluation as a very important matter that has been adequately addressed. Also, on Clause 6, this Bill has tried to ensure that there is proper order within the High Court where the roles and the responsibilities of various individuals have been properly stipulated. Also, the order of hierarchy in terms of who presides and qualifications of the presiding judges has been done very well. Nothing happens smoothly when there is no order. This Bill has tried as much as possible to ensure that roles and responsibilities have been properly assigned to those who should be assigned. Other Members have spoken about the issue of having a proper calendar. We know that there are citizens of this country who have suffered by being given the wrong information especially by advocates and lawyers who are presiding over their cases. This Bill, in Clause 10, has provided a clear structure of court sittings. It shows when they are supposed to happen and when they supposed to be on recess. There are three sittings and in between we have recesses which are properly put. At the same, it also gives the Chief Justice the freedom to bring up a sitting even when it is not happening; meaning that, in case of any eventualities, a decision can be made. Also within this Bill, and more so focusing on Clauses 11, 12 and 13, it clearly shows that standardisation is being done within all areas even as much as we advocate for decentralisation. At least, there will be a High Court station in each county and matters of delays and waiting to be given a date will also be handled when we have decentralisation. Also, at the same time, we are ensuring that we have clear standards such that ethics are not followed within one area and also not being followed in another court. It also provides for reasonable and equitable access to the service of the High Court for the citizens of our country. I also appreciate that this Bill provides for an advisory body which gives people an opportunity to think for themselves, but being guided by proper policies, practices and proper management as stipulated. So, it ensures standards and, at the same time, the realisation that Kenya is not an autonomous institution - we are in various counties and that the people within the courts are also able to make decisions. Based on the situations that they are in, the advisory body is able to advise the presiding judge. I would also like to point out Clauses 25 and 26 of the Bill, where we are focusing on administering of alternative dispute resolution mechanisms that are being provided, bearing in mind that Kenyans are from various cultures. We are from various tribes that are recognised within our country. Instead of bringing about delays, this Bill gives an opportunity to people to think through their own structures and to provide solutions as a people. This helps in ensuring that matters are not delayed for too long within the courts. Matters that can be settled at family level or matters that can be sorted between communities are sorted through alternative dispute resolution mechanisms, instead of waiting for the court to make a decision. Also, matters of integrity of the registry and work of each station or division and ensuring uniformity in keeping records within the court is something that is highly appreciated. We will ensure that we have equality in all the courts within the counties. The court must abide by the standards that have been provided in terms of ensuring proper record-keeping and ensuring that there is a system within all the courts. I feel that this also brings about continuity especially when changes happen in cases of judges or even the presiding judges being transferred from one area to the other. 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."
}