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{
    "id": 588948,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588948/?format=api",
    "text_counter": 184,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Odhiambo-Mabona",
    "speaker_title": "",
    "speaker": {
        "id": 376,
        "legal_name": "Millie Grace Akoth Odhiambo Mabona",
        "slug": "millie-odhiambo-mabona"
    },
    "content": "and the Sexual Offences Act. It, therefore, means that if you have victims who are not able to address the courts directly, they will be able to use an intermediary to help them in the process. The other issue I would like to speak to is mediation. I am glad that the Member who has spoken ahead of me made a reference to the Njuri Ncheke council of elders. One time we visited the Njuri Ncheke council of elders, and part of the work I used to do in ICJ was to work on an access to justice program in Meru area. When we tried to meet the Njuri Ncheke council of elders, we were told we could not meet them because we were women. I cannot criticise the Ameru culture because it is their culture and it is unique to them. But when we get into the realm of human rights and protection of human rights, then mediation must be alive to such factors; a lot of cultures are very discriminatory of women. When we refer to customary cultures, they must also be in reference to the Bill of Rights so that we do not exclude our women. I am very happy that we have institutionalised the court users committee. I know that CRADLE, where I used to work before sat in the court users committee. I can see the Mover and the Chair of the Departmental Committee on Justice and Legal Affairs are not here, but I hope they will give us reasons why the advisory committee is only composed of judges and not anybody from outside. It is very difficult when you are advising yourself. Even in Parliament, if we were to set up an advisory committee, I would advise that we also get a fresh eye from outside. This is because when you look at the mirror, you might think you look good but may be your dress is torn at the back and you may not know. It is only the person looking at you from the back who can tell you. We need to understand why for instance, they cannot add the Law Society of Kenya (LSK), or the Federation of Women Lawyers (FIDA) to such a committee. The other issue which is very impressive is the issue of performance contracting, which I do not know whether it is already operational. Whether or not it is, there is a good thing as it enhances performance of our judges. Hon. Temporary Deputy Speaker, I am glad that the Bill has put a few more months on the punishment for contempt of court. I thought I read two years but my colleague had indicated that it is six months. If you compare it with the Magistrates’ Bill, one of the amendments I wanted to propose was that we extend the punishment for contempt of court. For judges to effectively carry out their work they should know that they have authority. Just as you have said, you remember 18th December 2014, when the whole House went haywire and the Speaker was not able to do anything. That was why when the matter was challenged in court, it became very easy to target the proceedings of Parliament. I want to state that I am happy, and even though it is constitutional, it is good to restate that sign language will be used. That promotes the rights of persons with disabilities in the court system. I want to caution on the limitation of one year. It is a good thing when you have matters that must be completed within a year because it is said that justice delayed, is justice denied. Sometimes we might wish to rush matters especially for vulnerable groups and in the process of rushing we may end up doing opposite of what we are trying to do. I am trying to say that we need to put a proviso that in cases where there may be need to extend time, then the judges could extend, and with very clear reasons. I would like to urge that define circuit courts, which we probably know but we need to provide for. On the issue of teleconferencing, we need to make a reference especially for children in cases of abuse. Finally, I am very happy that we have the family division and the human right division. Even though they exist we are institutionalizing them by way of law. 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."
}