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{
    "id": 588922,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588922/?format=api",
    "text_counter": 158,
    "type": "speech",
    "speaker_name": "Hon. Waiganjo",
    "speaker_title": "",
    "speaker": {
        "id": 2644,
        "legal_name": "John Muriithi Waiganjo",
        "slug": "john-muriithi-waiganjo"
    },
    "content": "Thank you very much, Hon. Temporary Deputy Speaker. I am happy to debate the High Court Organisation and Administration Bill. Apparently, this Bill is coming at a very good time when our courts are in a campaign mood considering that the Hon. Chief Justice retires next year in June. Two judges of the Supreme Court; Hon. B.C.J. Kalpana Rawal and Justice Tunoi, are also set for retirement. We also know that the Judicial Service Commission (JSC) has one Commissioner who is also proceeding for retirement. Therefore, this Bill comes when part of the Judiciary is under transformation. I have not heard the voices of women, so that they can now properly lobby for one of them to become the first Chief Justice of the Republic of Kenya. They like settling for the Deputy and they have a candidate right there at the Supreme Court. This Bill is hinged on Article 165(1)(a) of our Constitution which establishes the High Court and also directs Parliament to state the number of judges under this legislation as well as confers jurisdiction or defines the jurisdiction of this court and gives a hierarchy of the officers serving in these courts. In so doing, Article 166(1) gives us the modus operandi under which our judges are appointed by the President with the recommendation of the JSC and with the approval of this House. Article 165(3) is the one that confers the jurisdiction of the High Court. It gives the High Court unlimited and original jurisdiction which is also inherent in civil and criminal matters and on any other statute law. This Article also gives the High Court the jurisdiction to determine matters related to the Bill of Rights where the Bill of Rights are denied, violated, infringed or even threatened to be breached. It also confers this court with the jurisdiction to hear appeals from the lower courts and also from the tribunals except that in Article 144 on the removal of the President; that is not an appeal that can lie on the High Court. It also gives this particular court jurisdiction to determine issues of the Constitution and more so, conflict of laws where county assemblies may make laws that contradict or are not in consonance with the national legislation. This piece of legislation gives provision of a Principal Judge who is responsible to the Chief Justice on matters of the particular court that this judge presides. They can also constitute benches of five or three in their respective courts in consultation with the Chief Justice. Those benches are constituted when matters of the Bill of Rights or the Constitution are to be decided. This Bill also gives provision for a presiding judge who is also responsible to the Principal Judge in their stations. The Presiding Judge has the Registrar who is responsible to him. The Registrar has Deputy Registrars who are responsible to him in that manner. Therefore, this is a Bill that comes to establish proper organisation of the court. Presiding judges are also chairmen of court users committee. Members of Parliament would be interested to know that they have representation in the court users committee. So, within your constituency where there is a court, you should have a representative in the court users committee so that you can also give your opinion or complaints on the proceedings that happen in that court."
}