Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 588709,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588709/?format=api",
    "text_counter": 160,
    "type": "speech",
    "speaker_name": "Hon. Njagagua",
    "speaker_title": "",
    "speaker": {
        "id": 2336,
        "legal_name": "Charles Muriuki Njagagua",
        "slug": "charles-muriuki-njagagua"
    },
    "content": "the court and the judges, so that they do not shift their recesses whenever they like, just as Parliament has its own calendar. Nobody can tell us to go on recess. We sit down and agree on our calendar. The same thing is happening in the High Court. The other beauty about this Bill is that it has given a ceiling of about 200 judges. As of now, there are about 170 or so judges. It means that there is still room for another 30 judges to be employed. This is going to create employment because each judge will have his handlers, drivers, security men, secretaries and stenographers. This is going to create employment for Kenyans and that is what everybody is craving for. We need to have more people employed to do the work that there is. My concern is about the seal of the High Court, as provided in Clause 37, which will be kept by the Registrar. Duplicate seals mentioned in Clause 37 will be kept by Deputy Registrars. My fear is that if we have rogue Registrars and Deputy Registrars, the seal and duplicate seals could be used at different times to give an impression that one order was issued by a particular judge and the Deputy Registrar issues another order. We could have various orders on one matter. I believe that the people, or persons employed to the positions of Registrar and Deputy Registrar are persons of high integrity, and that will not happen. That is a section we could relook at when we go to the next stage in order to safeguard the seal and the duplicate seals in different hands. There is also the issue of the advisory committee. This will be tasked with formulation of recommendations on the judicial policy. This means the Judiciary is not going to be a one-man show, where the presiding judge or the Chief Justice wakes up one morning and makes policy decisions that are going to affect Kenyans and the procedure of the High Court or the court system. With the advisory committee in place, it will mean that decisions will be well-thought out. Issues will have been discussed by a team, and the policy that will emanate from such discussions will be something that will have been discussed by a number of persons. I am certain that it will be for the benefit of Kenyans. The Bill is very clear that in matters of representation, one can appear in person or he can be represented by counsel. This removes the issue of rogue persons - those who are not qualified to act as advocates of the High Court – from representing other people. To that extent, I give thumbs up to this Bill. Lastly, there is the issue of an alternative dispute resolution mechanism. This is going to cut down on costs. We all know that when matters go for arbitration they take less time and are less expensive. When they go to alternative dispute resolution there is that element of secrecy. The matter is only known between the litigants and the persons sitting on the tribunal in the alternative dispute resolution mechanism. This is unlike an open court system where the court is open to everybody, you are sure when it is being dealt with at the alternative dispute resolution centre; that is arbitration. There is the element of secrecy that your matters will not spill over to the public. I support the Bill."
}