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{
    "id": 590776,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590776/?format=api",
    "text_counter": 76,
    "type": "speech",
    "speaker_name": "Hon. A. B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Hon. Speaker, this Bill seeks to provide for the organisation and administration of the Court of Appeal. The Court of Appeal is established under Article 164 of the Constitution. It has jurisdiction to hear appeals from the High Court or any other tribunal as prescribed by an Act of Parliament. Historically, in 1967, three major laws were enacted in this country which are; The Judicature Act, The Magistrates’ Court Act, and the Kadhis Court Act. All of them were enacted to streamline the administration of the justice system in Kenya. These three Acts established the structure of the courts as we have them today. The Judicature Act Cap 8, for example, governs the administration of the Court of Appeal and the High court together. It sets out among other things, the administration structure, the composition of the Court of Appeal Bench, the maximum number of judges of the court of Appeal which is currently not more than 30 judges. Therefore, currently the Court of Appeal can only have a maximum of 30 judges. The new Constitution has radically altered the administration of the Judiciary. This has resulted in the decentralisation of the court system in our country, in line with the principle of a devolved system of Government. This Bill is one of the constitutional Bills, in accordance with Article 164(1) of the Constitution, which provides that the Court of Appeal shall consist of a number of judges, being not being fewer than 12, as may be prescribed by an Act of Parliament. This is a bit different from the Judicature Act No. 8, which had a combination of both the Court of Appeal and the High Court to have a maximum of 30 judges. But if you look at the Court of Appeal as provided for in this proposed legislation, it is saying not fewer than 12 as may be prescribed by this House. This Bill talks about the organization and administration of the Court of Appeal. Hon. Speaker, Article 164(2) of the Constitution provides for the election of the President of the Court of Appeal by the judges of the Court of Appeal, among themselves. That article gives all the judges serving in the Court of Appeal an opportunity to elect one of their own as the president of the court in a free, fair and transparent system."
}