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{
    "id": 588910,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588910/?format=api",
    "text_counter": 146,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "conducting hearings or had matters that was pending before them. So, it has been a very serious destabilizing factor in terms of conducting hearings and ensuring that cases are concluded. We are seeking to ensure that if the Chief Justice must transfer a judge, he must give that judge, at least, three months’ notice to conclude all the hearings that are pending before that judge, so that when he or she is transferred, he or she does not go with cases that are still pending in that court. If I have been hearing a case, and you transfer me from Nairobi to Mombasa, for another judge to come and take over, it will take time for that judge to understand where I was, but if you leave me to conclude that matter, it will take me a short time. So, we require the Chief Justice to ensure that when carrying out transfers, which are normal and acceptable within the judicial system, it is done in a manner that is not disruptive to the litigants or to the parties in any matter. So, this Bill is very useful in the sense that it brings order in the management of the Judiciary and it allows judges to conclude those matters. Hon. Temporary Deputy Speaker, another very important issue that is introduced in this Bill is the introduction or establishment of leadership and management teams in court stations that do not necessarily have officers stationed in Nairobi so that judges in the High Court – be they in the 47 counties or in whatever courts that may be established in the various counties before they are established in all the counties – can have time to meet and discuss issues of leadership and management of matters pending in various courts. What has been happening is that everybody conducts matters in the manner he or she deems fit. Therefore, that has caused problems in courts because there has not been any leadership. There could be a presiding Judge but there has not been a requirement that they should meet to discuss matters that are outstanding with a view to resolving them in a manner that is acceptable to Kenyans. As the representatives of our people, we are the ones who deal with their problems. Therefore, we are seeking to resolve those problems through the passage of this Bill. We are also seeking to ensure that persons who are appointed as Registrars of the High Court are persons who are qualified and with relevant experience. One of the amendments we will be introducing on Clause 19 will require that for someone to be appointed Registrar of the High Court, he or she must have a minimum experience of five years in legal practice to ensure that we have competent people to manage the registries. What we have also done is to ensure that there is a linkage between the various Registrars of the High Court stationed across the country with the Chief Registrar of the Judiciary. The Chief Registrar is their Chief Executive Officer and, therefore, they should be working in tandem with that office to ensure that there is seamless co-ordination in terms of disposal of matters that are pending in the High Court. The other thing that we are also proposing as a Committee is for the court to employ the rules of practice and procedure as may be prescribed by Parliament. Those rules must be filed with the Committee on Delegated Legislation so that it can be considered. Rules should not only be issued and filed in the High Court, but they must also be brought to this House for consideration. With regard to case management, we are requiring that the Principal Judge implements a case management system that will be developed by the Chief Justice and the JSC. We require the Chief Justice to develop a methodology on how Judges or Principal Judges should be conducting their matters in terms of case management. That will be the responsibility of the Chief Justice, together with the JSC. We are also requiring, within the Bill, that the courts deliver judgements in a manner to be described by this law. One of the things that we are saying is that once a matter has been concluded, Judges should observe the strict timelines that are provided in the law. After 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."
}