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{
    "id": 588740,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588740/?format=api",
    "text_counter": 191,
    "type": "speech",
    "speaker_name": "Hon. Okoth",
    "speaker_title": "",
    "speaker": {
        "id": 12482,
        "legal_name": "Kenneth Odhiambo Okoth",
        "slug": "kenneth-odhiambo-okoth"
    },
    "content": "Even if we will make these gains, I have a few concerns that I want to raise, and that we must think about in the amendments coming up at the Committee of the whole House stage, or in future amendments to the other set of Bills that we will pass. First of all, we need to come up with a Legal Aid Bill that is complete, effective and well- budgeted for by this House. Other Members have already spoken to it, but I do not think it is an issue we can over-emphasise. We must make sure that poor people have access to justice. Where people face complex court cases, they should have access to a well-funded public defenders’ division of the court, with well qualified lawyers who are accessible and can help them. Alternatively, there should be a framework to support civil society, NGOs and CBOs to provide these services and to be encouraged to be partners in the administration of justice in our country. The second concern I have, and this touches on one of the other Bills we passed earlier, is to try to limit the purview of the Magistrates’ Courts based on Articles 47, 48, 49 and 50 of the Constitution. I find this ironical. It is like giving with one hand and taking away with the other. A key feature of our Constitution is that we have a Bill of Rights that guarantees economic, social and cultural rights; this is Article 43 of the Constitution; Articles 47, 48, 49 and 50 speak to the issues of access to justice and the right to fair trial among other issues. These are constitutional protections. These also fall under the Sustainable Development Goals that we are talking about, yet at the same time we are saying that we will limit the purview of our Magistrates’ Courts. I find that ironical and contradictory. This is a major concern because all public servants swear to uphold the Constitution, and to protect and promote human rights, including the access to justice. That is a little peculiar and it might be something worth keeping on record and looking at in future to correct."
}