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"id": 590272,
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"type": "speech",
"speaker_name": "Hon. (Ms.) Tuya",
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"speaker": {
"id": 926,
"legal_name": "Roselinda Soipan Tuya",
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"content": "done a lot of public interest litigation and community lawyering on pro bono basis. I know there are so many other lawyers who are readily available to provide legal services on pro bono basis to indigent Kenyans. However, this Bill will lock them out, and I do not think it is fair. Two, I think opening representation such that any Tom, Dick and Harry can be classified as a legal representative of a litigant without any provisions for policing these people, I think is going in the wrong direction. This is because anybody can come up and exploit an indigent Kenyan who cannot afford a lawyer, and in the event of indiscipline by thee representatives, who are they going to be accountable to? I will be looking at it deeply for purposes of bringing an amendment. We should have some basic threshold of how a legal representative should be. It should be open to legal practitioners. Even if we are saying we are afraid that allowing lawyers to represent somebody aggrieved under a Small Claims Court jurisdiction would take us back to that expensive process, I think this Bill provides some checks and balances. If the thinking behind this is that we are going to make the Small Claims Court more complicated and out of reach for the common Kenya, then we are not going in the right direction. In my view, it is myopic, and will lock out good intentioned lawyers who would want to go to this low level to represent poor Kenyans. Hon. Temporary Deputy Speaker, availing a process where filling of claims can be done orally makes it easier for poor Kenyans to access these courts. Exclusion of strict rules of evidence which many times are rigorous, complex and very complicated will go a long way in affording Kenyans access. Finally, the process of this Small Claims Court affords Kenyans instant justice or “ justice"
}