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{
    "id": 590793,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590793/?format=api",
    "text_counter": 93,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "to enable a consultative and democratic practice of decision-making with regard to the administrative and organisational matters of the court. The Bill also ensures that there is a framework for facilitation of just, expeditious, proportionate and affordable resolution of appeals before the Court of Appeal. The Departmental Committee on Justice and Legal Affairs, as required by the Constitution, invited the public to participate by giving comments. We scrutinised this Bill and we found that it meets the threshold envisaged by the Constitution. This is a very important Bill for the organisation and administration of the Court of Appeal. At the moment, we do not have a Court of Appeal (Organisation and Administration) Act in place. So, this Bill is not seeking to repeal any Act. It seeks to put in place legislation which lawyers and litigants can make reference to and know how the Court of Appeal is organised. This Bill also sets out the process of ensuring that the proceedings of the court are conducted in a manner that is beneficial to the parties that appear before the court. It also ensures that there is a process through which judges can deal with cases of contempt of court in accordance with the law and not their whims. The Constitution is very clear that the courts must administer only the law and not exercise discretion on matters that do not exist in law. It is now very clear that if you are in contempt of the court, you will be convicted and sentenced to pay a fine prescribed in law. As compared to the other times, we do not know what the courts were applying when determining that one was in contempt but, now we know for certainty what contempt is all about, how much you will pay and what the penalty is. This Bill is very important in setting out the procedure of administering contempt law. Hon. Speaker, this Bill is also important because it sets out the manner and process in which the president of the Court of Appeal shall be appointed and removed. In the past, there has not been any law. There were just rules which were only known in the Court of Appeal. It is now engendering this particular Bill to ensure that there is a process. If the Court of Appeal judges are dissatisfied with the president who is serving at that time, they are able to petition and remove that person. It also provides that the president shall be the presiding judge of the Court of Appeal in terms of ensuring that there is expeditious disposal of cases. As you know, for a long time before the enactment of the new Constitution, we have not had a president of the Court of Appeal. Now we are going to have one as a result of the Constitution. This Bill ensures that we will have one firmly in place who will administer the law in accordance with this Bill. So, this Bill dovetails the other three Bills we have passed; the Magistrates’ Courts Bill, the High Court (Organization and Administration) Bill, the Small Claims Court Bill and now the Court of Appeal (Organization and Administration) Bill. So, this is a very important Bill which we need to pass as soon as possible so that we can ensure that processes and procedures are put in place to administer the Court of Appeal in terms of its organisation."
}