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{
"id": 590268,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590268/?format=api",
"text_counter": 207,
"type": "speech",
"speaker_name": "Hon. Nderitu",
"speaker_title": "",
"speaker": {
"id": 2546,
"legal_name": "Francis Waweru Nderitu",
"slug": "francis-waweru-nderitu"
},
"content": "To add on that, I would like to say that this Bill is timely based on the fact that most people in the rural areas especially some of us who come from some constituencies, do not have a single courts. So, the issue of handling cases has been to a large extent confined to the people who have money and means. Every time you touch on the issue of courts, people panic. You realize that whenever people are taken to court, they are find it difficult to express themselves on an issue. This Bill is timely. Going through the clauses, I find that the common man in the village, who does not understand the technicality of law, will be adequately looked at. I know very well that we have challenges in language. It will be very good to articulate issues in the local language where people have different ways of delivering their messages. I am very sure with this kind of Bill it will be very easy as we have said that cases of third jurisdiction or below Kshs100,000 will be determined. I would also like to support the idea of the continuous hearing of cases. Sometimes when there is numerous adjournment of cases, you will find that even the defendants lose directions of a case and when the case comes for hearing, you will realize there is loss of memory, but when a case is held consecutively and determined, it will be very easy for a defendant to argue his case and also for the claimant to follow the case. As far as the issue of filing the claim is concerned, this is a very easy way of doing so because most of the times, we are lost because of procedures. You will find that there are a number of times that we go to court and the material facts that someone has are very critical, ideal and factual, but the procedure of filing the case is disputed merely because of some technicalities in the courts. I am very sure that with this kind of facilitation and lack of a lengthy claim format, it will be easy for the litigants and defendants to put their cases properly. On the issue administrators, my colleagues have contributed to the issue of experience, but I would like to side with those that are of the view that we should reduce the time frame for the person required to be an administrator. The time frame of five years and the kind of experience that we are looking forward to--- If you look at the people that the cases are being filed against, there are many cases where these people are knowledgeable on some issues. If the criteria of five years, go unchallenged, we need to readjust and look at the people we are dealing with. I am very sure, if somebody is learned and qualified in law with two or three years’ experience and deals with a village issue that may be dealt with by a chief or even local wazees, I do not think that an offender can be challenged based on that. I am also looking at the issue of penalties. I am very sure that what the court is looking at, is a position where there is consensus, so that when a case is determined, the plaintiff and the defendant are able to agree in the court and the amount of settlement. I am very sure that with this kind of arrangement, it will be very easy for people who have small claims of business nature worth Kshs 20,000 to Kshs 80,000 to come to a conclusion and settle the matter. Hon. Temporary Deputy Speaker, with those few remarks, I would like to call this a timely Bill. It will help the lower cadre of our society. I am very sure that this is a Bill that would have come earlier, because I know there are many cases that are pending in our judiciary If we had these alternative courts earlier, the burden of the higher courts would be lessened. With those few remarks, I would like to support."
}