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"type": "speech",
"speaker_name": "Hon. Baiya",
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"legal_name": "Peter Njoroge Baiya",
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"content": "The usual handwritten recording of judicial proceedings makes it very unreliable and liable to interference. If this record-keeping was to be electronic as happens in other jurisdictions, it would become a basis of insisting that the Registrar also keep those records and ensure that court decisions are, to a large extent, made public. Currently, we are maintaining the electronic records of the judicial proceedings. This is one of the ways of ensuring that the proceedings of the subordinate courts, wherever they may be, will be in a position to withstand scrutiny. Once the magistrates know that their rulings can be scrutinised not just by their superiors but also by Kenyans in general, they will become responsible. We have also had other experiences like the Judges and Magistrates Vetting Board (JMVB) pointing out serious issues with regard to sitting magistrates’ competence and their mastery of languages. These are issues for which the responsible institution is the Judicial Service Commission (JSC). The JSC is the body that has a key role in recruitment and maintenance of standards and discipline within the Judiciary. It is very important, therefore, that this Bill sets standards and makes it incumbent upon the court administrator to keep records and be in a position to provide those records to the public in line with the requirement of transparency under the Constitution. 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."
}