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"id": 590145,
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"type": "speech",
"speaker_name": "Hon. Chepkong’a",
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"legal_name": "Samuel Kiprono Chepkonga",
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"content": "Thank you, Hon. Speaker. I rise to Second. From the outset, I confirm what the Hon. Leader of the Majority Party has stated. There are very many lawyers, including those in this House who have been lobbying me to have the legal profession returned back to the small courts. However, I have resisted that for good reasons. As I second, I want to mention a few things. First, this is a court that is created pursuant to Article 48 of the Constitution which states: “The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.” Secondly, Article 169 of the Constitution creates various courts and confers jurisdiction, functions and powers to these courts that have been created. This includes the Small Claims Court which is a subordinate court as anticipated in the Constitution. What the Hon. Leader of the Majority Party has mentioned is, indeed, true. This is a very informal court and it has been stripped off technicalities. This is a court that was previously known as the District Magistrates’ Court. It was presided by Articled Clerks, that is, people who had not studied law as a profession but who had been an appendage to the legal profession. They 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."
}