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{
    "id": 588909,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588909/?format=api",
    "text_counter": 145,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "in legislative making. As a result of that, the Clerk, through an advertisement that was placed in two newspapers, invited views from the public. We thereafter, recessed and considered the Bill as a Committee in which we scrutinised clause by clause and came up with various amendments. This is a very important Bill that seeks to ensure that the organisation of the High Court is in a manner that is acceptable and in a working way that will ensure that the objectives of the new Constitution are fulfilled. Therefore, as mentioned by the Deputy Leader of the Majority Party, the Bill seeks to give effect to Article 165(1) of the Constitution and to ensure that there is seamless operation in the High Court. When we considered this Bill, we found that it had been subjected to participation by the Judiciary in which they considered it and were comfortable with the contents of the Bill as printed.However, the public also have a say. We looked at the Bill and made various amendments to it. So we will be introducing a number of amendments during the Third Reading. With regard to the importance of this Bill, we are seeking to ensure that the High Court disposes of all matters in a most expeditious way so as not to inconvenience litigants. In courts at the moment, we have cases that were filed as far back as 1970s. That is a very unacceptable situation. In most of these cases, people are demanding money from the other party. You can imagine somebody was loaned money in 1980s and that matter has not been concluded to date. You have deprived that person the use of the monies that he would have received. So, you have confined that person to poverty because the courts are unable to hear and determine matters expeditiously. Therefore, the Committee while considering this Bill, has proposed a number of amendments to ensure that cases are disposed of in a very expeditious way as required by the Constitution. One of the amendments that we will be moving is to ensure that once a matter has been fixed for hearing, it must be concluded within 12 months. Once it is fixed for hearing and it comes up for hearing in the courts list that matter must be concluded within 12 months. What we are requiring the court to do, is to ensure that, that matter is heard on a day-to-day basis without it being adjourned without sufficient reasons. If the matter must be heard beyond the period of one year, it can only be done with the express authorization of the Chief Justice so that the Chief Justice can authorize an extension of a matter to be heard beyond one year. We are not saying that the judge will not have leeway. He will be askedto give the reasons for not concluding that matter on a day-to-day basis. Secondly, we also want to ensure that these matters are disposed of in a manner that is acceptable to all the parties. One of the proposals that we will be making is to strengthen the requirement that parties file their witness statements. Once the witness statements have been filed, it will ensure that the process of conducting hearing is reduced substantially so that once a witness appears in the witness box, he swears and confirms that this is his or her statement. The next person to speak to the witness is for purposes of cross examination by the defense counsel and, thereafter, re-examination without the need of the lengthy trial of examination in chief which has been wasting a lot of time. If there is nothing for you to cross examine, then you go to submission and you reduce the time within which those cases can be concluded. This Bill is very important in ensuring that most of the cases that have been pending in court for too long are, therefore, disposed of in the most expeditious manner. The Bill also seeks to ensure that the transfers of judges are done in a manner that is not injurious to the litigants. What has been happening in the High Court is that judges are transferred from one station to the other without due regard of the fact that those judges were 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."
}