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{
    "id": 590787,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590787/?format=api",
    "text_counter": 87,
    "type": "speech",
    "speaker_name": "Hon. A. B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Commissioners (DCs) as magistrates. Imagine a DC sitting in a court listening to litigants. I remember when I was growing up and going to school, there used to be a notorious DC in Garissa. I do not want to name him because he has retired. Hon. Oyoo will tell you because he was a good friend of the KANU Party. During the KANU times, half of the magistrates in Kenya were DCs. It is only under the reign of one, Dr. Willie Mutunga that places like West Pokot, Tana River and Garissa have duty station judges. Kitui, and I am happy to see the leadership from Kitui County Assembly---Welcome. They are my neighbours. On my way to Garissa, I pass through Kitui. So, I am very close to the people of Kitui. We might be in two different political orientation, but politics aside, Kitui County is a county that neighbours--- Many people in Kitui County and Mwingi sub-county work in Garissa and are my voters. So, I am happy to welcome them here. Willie Mutunga will be remembered for many things, but I will remember him for taking courts to the most marginalised people in this country. The people of Garissa have a special place for Willie Mutunga in our hearts. Today people can walk from their homes and come to Garisa High Court. We want him to go further after the passage of this Bill and establish a number of Courts of Appeal. I want to thank the current President of the Court of Appeal, Justice Kihara. Justice Kihara has shown leadership in the administration and management of the Court of Appeal as it is constituted today. He must be recognised. This House is under obligation to recognise men and women who serve with exemplary dedication in other arms of Government whether it is in the Judiciary or the Executive. Hon. Speaker, Part IV provides that the court shall ensure reasonable access of its services to all parts of Kenya. Dr. Willy Mutunga has done that and I am sure, with the passage of this Bill, he will take the Court of Appeal to Kitui, Garissa, Migori and Turkana. I am sure that this House, in its wisdom through the Budget and Appropriations Committee, will give him the necessary resources. In consultation with the Chief Justice (CJ) the president of the Court of Appeal shall make regulations. So, after the passage of this Bill, I am sure the president of the Court of Appeal in consultation with the CJ will develop regulations that will be brought to the House for better, more efficient and more accountable administration of the Court of Appeal. This Bill is part of the various reform agenda within the implementation matrix of the Constitution. I thank you, Hon. Speaker, for rising to the occasion this afternoon to protect the sanctity of Article 34 of the Constitution that guarantees free expression and freedom of the media, by agreeing with us to defer that Bill. This day will be remembered. I am sure the position you took, despite you not having a vote as per the Constitution, is the best. I am sure the citizens, more so members of the Fourth Estate, will agree with you that we as a House need more scrutiny while passing legislation. We do not want Parliament to have absolute powers and authority in making laws for the citizens of this country. The laws that we make for the citizens must be the laws that we make for ourselves. Tomorrow we will not be in this House; we will join the citizens and the same laws will affect us. So, I thank you for your ruling. With those remarks, I beg to move and ask Hon. Chepkong’a, the Chairperson of the Departmental Committee on Justice and Legal Affairs, to second this Bill."
}