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{
    "id": 590792,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590792/?format=api",
    "text_counter": 92,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "Thank you, Hon. Speaker. First and foremost, I take this opportunity to join the indomitable Leader of the Majority Party in thanking you for being a one-man salvation army to this House by making a ruling that represents Solomonic wisdom for purposes of moving forward the debate in this House. I was hoping that you would have ordered that this matter goes back to the Committee of the whole House, but in your wisdom, which we respect, you decided to refer the matter to the House Business Committee (HBC). I am sure that with the Leader of the Majority Party as a member of the HBC, good things will come out of the Committee. I rise to second the Court of Appeal (Organisation and Administration) Bill, 2015. I must thank the Leader of the Majority Party because he has been moving very many Bills and he does so in a very eloquent manner and with a lot of understanding of various cross-cutting issues. This is a very important Bill that is anticipated in Article 164 of the Constitution, which sets up the Court of Appeal. The Court of Appeal is not a court of first instance. It is a court that hears cases that have originated from the High Court or a tribunal that has been given the powers by legislation to hear cases that emanate from some institutions. The matters that go before the Court of Appeal are not matters of fact but matters of law. Matters of fact are dealt with by the High Court and the subordinate courts. By the time a matter reaches the Court of Appeal, you will be canvassing issues of conflict with regard to the law and nothing about the facts. This is a very important court in terms of access to justice as required by the Constitution. Access to justice is a very important principle in the Constitution. The Constitution requires that every Kenyan in every part of this country has access to justice. No one should be denied the right to prosecute their matter before any court of law. Costs should not prevent a person from prosecuting his or her matter because the courts are very far away from where the defendant, respondent or appellant is located. This legislation ensures that stations of the Court of Appeal are in certain geographical parts of this country. It may not ordinarily be in all the 47 counties, but it is intended that Kenyans access justice at a point closer to where they are living. At the moment, the Court of Appeal has been established in Nakuru, Mombasa, Nyeri and Kisumu. This ensures that you do not need to come to Nairobi to prosecute your appeal. The Judicial Service Commission (JSC) will continue to relook at the appropriateness of the location of these courts from time to time. That is the reason why Clause 4 of the Bill states that:- “There shall be not less than 12 judges appointed to hear cases at the Court of Appeal.” A bench of the Court of Appeal normally comprises of at least three judges. At times a bench of five judges is constituted depending on the gravity of the matter. So, this clause gives the JSC power to continue to assess and recommend the appropriate number of judges that may be required to be appointed to the Court of Appeal from time to time. The Bill is important in the sense that it ensures there is efficient and effective delivery of the mandate of the Court of Appeal by ensuring that there is adequate number of judges. It seeks 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."
}