Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 590220,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590220/?format=api",
    "text_counter": 159,
    "type": "speech",
    "speaker_name": "Hon. Njuki",
    "speaker_title": "",
    "speaker": {
        "id": 1372,
        "legal_name": "Onesmus Muthomi Njuki",
        "slug": "onesmus-muthomi-njuki"
    },
    "content": "I like the title of this Bill - The Small Claims Court Bill. Our courts are congested with issues that can easily be sorted without having to go to very big courts. They take very many years to be resolved because of the kind of the judicial system we have. I come from a county that is made up of three constituencies which are very expansive, but they only have two courts. In that case and most of the time, our people normally end up going to neighbouring counties for justice or to attend courts. In a rural set up, most people do not speak fluently or do not understand Kiswahili and English. Some who understand feel that it may be complicated for them and they will, therefore, not get justice. You can imagine when you go to a court which is in a different county and whose people speak a different t language that is more or less related to yours. It is assumed that the interpreter who is there will understand your language. In most cases, we normally have mis-interpretations during those interpretations. Therefore, justice is usually not done. Hon. Temporary Deputy Speaker, one of the things that the Small Claims Court Bill is going to do is to establish the courts in every sub-county. That could translate to every constituency. We are going to decongest those courts so that we can have cases being heard and determined within a very short time. We can get justice delivered in good time and avoid cases that drag on for a long time. Sometimes, the victims can even die without justice being delivered. Therefore, any mwananchi or local person will actually fear being taken to court. What happens in that case? Because of the fear of the court, they end up having their rights violated because they have the phobia of going to court. That is not a human right. So, this Bill will go a long way in ensuring that the Constitution we voted for in line with human rights is going to be observed. It is going to play a very big role in bettering the lives of our people and improving the quality of their lifestyle. Then there is the issue of language. I have heard so many people talk about language. I want to echo the words of one of my friends who said that some words in vernacular, sometimes, do not mean the same thing. They do not have actual interpretations in the foreign languages like Kiswahili and English. The fact that those courts are going to allow use of local vernacular language even by the court clerks is going to help so much in ensuring that we are very close to having the right interpretations, especially because of the language barrier that exists within a community. Language evolves just like the community evolves. Today, if a woman or a man of the 1990s speaks their native language to a person of 10, 15 or 18 years, they may not understand what is being said. They may be using vocabularies that may not be conceptualized by the young people. Therefore, having an interpreter who has mastered the local language and especially one who has taken time to learn the culture will actually help in ensuring that the language no longer becomes a barrier in the delivery of justice in those courts. Clause 34 talks about the speed of delivery of justice. I like the fact that the case can be heard and determined within the same day. We are aware that there are cases which have lasted for so many years in this country. Most of the time, justice is normally delivered when it is already too late. You get an award when you cannot utilize it. You get an award when some of the people who were in that case have died. Sometimes, that justice is even lost when you are old and it gives you the shock and you die. The fact that a maximum period of three days is what is given by the establishment of those courts is a very good thing for justice to Kenyans in this country. As it is in the community, we have many kangaroo courts. They are kangaroo by the fact that they are not recognized by the Constitution. Some of them came up as a result of cultural and religious diversity. Pastors have become judges; reverends have sometimes played the role of the magistrates and determined very sensitive cases; especially cases to do with marital 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."
}