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{
    "id": 588994,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588994/?format=api",
    "text_counter": 230,
    "type": "speech",
    "speaker_name": "Hon. Onyura",
    "speaker_title": "",
    "speaker": {
        "id": 12833,
        "legal_name": "Michael Aringo Onyura",
        "slug": "michael-aringo-onyura"
    },
    "content": "Hon. Temporary Deputy Speaker, this Bill will enable the High Court to work effectively and efficiently. As that happens, it will strengthen the judicial system. In terms of realising good governance and stability, an efficient and effective judicial system that enjoys the confidence of the citizenry is very important. We should support any effort towards strengthening that part of the Government. That is what this Bill is doing. We always talk about the importance of observing the rule of law and emphasise the fact that we are all equal before the law. We talk about the principles of one being deemed innocent until proved guilty, natural justice, fair trial and so on. Therefore, these rules will strengthen the rule of law, which is very important. One of the things that tempt people to resort to mob justice is loss of confidence in our justice system generally. If people are sure that justice will take its course, instances of mob justice will decrease. A good judicial system and a good rule of law system will strengthen democracy. People who resort to shortcuts like use of violence to demand justice will know that they can go to court and have their matters resolved fairly at the various levels of the judicial system. A good judicial system also strengthens the economy of the country due to availability of credible mechanisms for resolving commercial disputes and other matters that may arise. One of the things that we must stress here is speedy delivery of justice, because justice delayed is justice denied. A mechanism should be put in place to ensure speedy delivery of justice right from the level that we discussed earlier on. Magistrates’ Courts should be set up across the country in places where they can be accessed easily. The court system should organize their activities to provide for timelines for completion of cases. They should embrace performance contracting and performance evaluation. There should be timelines for completion of cases, so that cases do not take forever. The land case involving the Koinange Family is a case study for what should not happen. I have a lot of respect for what the senior Member for Rongo, Hon. Dalmas Otieno, said on development of human resources. We may have very good laws and structures in place, but if we do not consider the human resources factor, we may not get maximum benefits from such good laws and structures. Then maybe we will get the maximum even from very good laws and structures. The system should be such that we provide good terms and conditions of service for the Judiciary, particularly for the judges. This will ensure that we attract the best from the legal fraternity into our High Courts. That way, we can balance the Bench and the Bar. We will have strong people on the bench and equally strong people at the Bar. The issue of good terms and conditions of service is also key, so that we can attract the best brains as well. Talking about the human resource management, issues of training, continuous managerial and leadership training skill are very important. We have seen cases in the media where advocates have boycotted some courts, or have had issues with particular judges or magistrates, either because of their style of doing things, their way of leadership or their mannerisms. Sometimes, they accuse them of arrogance, harshness and indiscipline. So, it is very important that we provide adequately for the continuous professional development of our judges. It is in the interests of everybody. It is in our interest, the litigants and everybody in the country. Talking about professionalism, there has been cases where clear indiscipline is noticed in some courts. Courts are supposed to start at, say 8.30 am or 9.00 O’clock, but you go to attend 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."
}