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{
    "id": 590216,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590216/?format=api",
    "text_counter": 155,
    "type": "speech",
    "speaker_name": "Hon. Wakhungu",
    "speaker_title": "",
    "speaker": {
        "id": 1889,
        "legal_name": "Chrisantus Wamalwa Wakhungu",
        "slug": "chrisantus-wamalwa-wakhungu"
    },
    "content": "Hon. Temporary Deputy Speaker, the other issue is that of expediting the process. We are told that within a maximum of three days, the matter should have been determined or if possible, it should even be determined within the very day. We know very many cases. We have heard people who have gone to court and it take years or months for their cases to be resolved and yet, they are small issues that do not actually need to take that long time. Another critical issue which we should look at when we move to the Committee of the whole House is that of Kshs100,000. It can also be settled in form of goats. An example is the pastoralist communities. It does not need to be in form of cash. We will have to give an alternative or an equivalent of the claim. It does not need to be in cash terms because if somebody has animals like goats or cows that he can give, he does not have to go to the market to look for someone to buy so that he can pay the claim in terms of cash. That can be like in the traditional days when claims were being settled using crops or animals that the people had. I can see Hon. (Ms.) Soipan is happy because in the case of the Maasai community, they will not have to go to the market. We do not need an affidavit. Currently, you have to get an affidavit and that increases the cost. So, if it can be recorded orally, it is going to expedite the time that will be used for a determination to be made. It is going to be quicker and the cost implication is going to be low. There is also the issue of the local language. This is very good. If you come to the Luhya community, we have elders who understand the language very well. They are going to get jobs in interpretation because we are talking about the local language. The fact that the local language is going to be accepted means you will have to get a local person to interpret. So, that again is going to help us in expediting the process. This Bill also has a provision where people are given an opportunity to settle disputes. Currently, there is the issue of consent. Registering consent in terms of settlement takes a lot of time but, in this case, the process is expedited. You finish within a day or a maximum of three days and the issue is sorted out. On the issue of distribution, the proposal is that those small claims courts must be established in every sub-county. A sub-county is an equivalent of a constituency. I am trying to imagine. I am told that my friend Hon. Chachu Ganya’s constituency is big like the western region. If, indeed, that is true, there is a big challenge especially in those areas which are marginalised or are sparsely populated. We have to move from a sub-county to a lower level like a location where the chief is. Again, we will have to make a provision for a mobile court within the constituencies. One day, they can be in a certain ward and then move to another ward. I really like this Bill and I know my people of Kiminini Constituency are going to be very happy. Majority of the disputes that we have in the grassroots fall under the jurisdiction of those small claims courts. So, I thank the Leader of the Majority Party for moving with speed to make sure that this Bill is debated. We have land boundary disputes. They are very common in the 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."
}