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{
    "id": 590143,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590143/?format=api",
    "text_counter": 82,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "To this end, the law proposes under Clause 34 that all proceedings before this court to be heard and determined on the same day or on a day-to-day basis. If, for example, Hon. Chris Wamalwa is my neighbour and I sell his two cows, it should not take 50 years for Chris to get his cows. We should go to this Small Claims Court with the elders there and the adjudicator. If it is true that I have taken his cows, I must return them within two days. Under Clause 34, you have a maximum of three days to finish the case. Many small disputes that happen in our villages and which the lawyers make a lot of money from will now be handled in a less expensive and less tedious manner. For example, for you to hire a lawyer like Ahmednassir Abdulahi, Kanjama, Paul Muite, Hon. Kajuju or Hon. Alice Wahome, you have to go to a bank and borrow money These are people who are serious. When they represent you, you win the case. If Hon. Kajuju or Hon. Alice Wahome represent you, you are 90 per cent sure that you are going to win. So, you have to spend. However, today we are saying that there is a court which you will neither spend money nor need a lawyer. I am sure my good friend, the Deputy Whip for the Minority Party will contribute in support of this. Hon. Speaker, the Small Claims Court will have enforcement powers. A judgement is worthless if it cannot be enforced successfully against the judgement data. To this end, a special simplified enforcement procedure has been proposed under Clause 37 of the Bill which is divorced from the normal enforcement procedures used in the normal civil courts in order not to take away the gains that we want to give to the people who access this court. In view of the fact that this proposal seeks to address a fundamental question of access to justice by every Kenyan despite their situation and status in the society, I am of the opinion that the passage of this law will go a long way in demonstrating the Government’s concern for the individual’s legal rights as envisaged in the Constitution. Hon. Speaker, with those many remarks, I ask the Chairman of the Departmental Committee on Justice and Legal Affairs, Hon. Chepkong’a who is a lawyer like many of his colleagues here, to support this Bill. He should tell his colleagues that this is the only court where lawyers are not allowed to attend. So, if it will be in Kibera, please, do not confuse it with Milimani Law Courts because there will be no business there. I beg to move and ask Hon. Chepkong’a, on a light touch, to Second."
}