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{
    "id": 588906,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588906/?format=api",
    "text_counter": 142,
    "type": "speech",
    "speaker_name": "Hon. (Dr.) Shaban",
    "speaker_title": "",
    "speaker": {
        "id": 139,
        "legal_name": "Naomi Namsi Shaban",
        "slug": "naomi-shaban"
    },
    "content": "Clauses 25 and 26 provide for the practice and procedures of the Court. Pursuant to Article 159(2)(c) of the Constitution, the application of alternative dispute resolution mechanisms in proceedings before the Court. Clauses 27 and 28 provide for the initiation and promotion of measures that will maintain the integrity of the registry and work of its station or division under uniform record keeping system in the Court. There is also oversight of the implementation of a performance management system comprising of performance contracting which will now be put in place. Clause 33 of the Bill provides for the protection of judges and other judicial officers from personal liability for acts done or ordered by the judge or officer in the discharge of judicial duty done in good faith. Clause 34 also provides for the use of English and Kiswahili. Most of our people will not understand the English language because it is not our language. They will enjoy having Kiswahili. On top of that, there are sign language, Braille and other communication formats and technologies acceptable to persons with disabilities and the conduct of court proceedings through electronic means where appropriate and expedient to do so. If all these languages are going to be used in our court system, everybody will have the right to justice. Their issues will be solved on time and in a language which is acceptable to everyone. Hon. Temporary Deputy Speaker, Clause 36 of the Bill confers upon the court the power to punish for contempt of court, defines the offence of contempt of court, the procedures of the trial for contempt of court and the penalty for contempt of court. Clauses 38 and 39 of the Bill provide for the right to appear in person or to be represented by an advocate in all proceedings before the court and the right of all persons admitted as advocates to practise in the court subject to the Constitution and the Advocates Act. Clause 41 of the Bill provides for consequential amendments to Cap 8 of the Judicature Act, the Criminal Procedure Code, Cap 75 and the Judicial Service Act of 2011 in order to harmonise them with the proposed organisation and administrative structure. I, therefore, wish to request Hon. Members to support this very important piece of legislation so that we can realise the goal we set out to do more so in the new constitutional dispensation where there have been judicial reforms and Kenya can only do better in a better judicial transformation. As I beg to move, I will ask the Chairman of the Departmental Committee on Justice and Legal Affairs to second this very important Bill. Thank you."
}