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{
    "id": 588939,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588939/?format=api",
    "text_counter": 175,
    "type": "speech",
    "speaker_name": "Hon. M’uthari",
    "speaker_title": "",
    "speaker": {
        "id": 1576,
        "legal_name": "Joseph M'eruaki M'uthari",
        "slug": "joseph-meruaki-muthari"
    },
    "content": "to stop us from conducting our business, that is very bad. It is in bad taste for someone to go to court to seek orders to stop us, as a House, from discussing one Bill or another. The courts have developed jurisprudence that respects the Constitution and responds to the Kenyan social, economic and political needs. We have a crisis within our education system; there are some determinations coming out of our High Court which appear--- What is provided for in Clause 3(2) is the need for our courts to develop jurisprudence that respects the Constitution and responds to Kenya’s social, economic, and political needs. Judicial officers who do not look at all the factors surrounding a particular matter while determining cases before them may be viewed as unreasonable. To be reasonable means considering all the factors surrounding a particular matter so as to work within the reality. We should ask our officers to look into this aspect because when they do not, they plunge our country into crises. Such situation is not for anybody’s good; it is not good for the Judiciary or anybody else. Some determinations can plunge the whole country into chaos. A court may determine some matters that may be difficult to implement and in the process bring about disharmony. Such determinations make other arms of Government appear as if they are not willing to comply with court orders, or they are not obeying the orders. Even the orders that are given must be orders that are justifiable and reasonable and within the reality in the country. This Bill is important because it provides opportunity for setting up various divisions within our High Court. We will have family and children’s division, commercial division, civil division and criminal division as well as divisions to deal with constitutional interpretation and human rights issues. The Bill also sets up the judicial review division, which will be responsible for review of issues related to the judicial system. It also provides opportunity for creation of other divisions on a need basis. This particular Bill gives the mandate to the Chief Justice and the presiding judges to have a court constituted at any time. It also gives clarity in terms of when recess starts and ends. It is important to consider the time taken because at times people go to court to delay public projects or programmes that are of common good. With a very liberal judicial system, people can file cases in court and derail projects meant to benefit the public. Once a matter has been taken to court, it can drag on forever. In the process justice is denied to the parties involved. That is not good. It is what brings corruption. The question of corruption in this Republic is terrible. As it has been alleged several times, we have the problem of corruption within the judicial system. It is like the system is rotten from inside. A situation where people are not sure of getting justice, or fair trial, brings about anarchy. That is what makes people take the law into their own hands. The have-nots in society may end up deciding to kill or do other bad things, because they know that if they compete with people who are endowed with resources they will not be assured of justice. This happens especially because of the delay and the inducement that at times comes with it. Looking at Part III of Bill, which deals with administration---"
}