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{
    "id": 590806,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590806/?format=api",
    "text_counter": 106,
    "type": "speech",
    "speaker_name": "Hon. M’uthari",
    "speaker_title": "",
    "speaker": {
        "id": 1576,
        "legal_name": "Joseph M'eruaki M'uthari",
        "slug": "joseph-meruaki-muthari"
    },
    "content": "Appeal can be determined logically by using the available facts. Judicial officers must also respect the justice principles in terms of being reasonable enough to look at all the factors at play. We have had incidents where our judicial system has expanded their mandate and interfered with other arms of the Government. Such a situation is a recipe for disaster. It is my belief that, as proposed in Clause 3, the Court of Appeal will be guided by the national values and principles as set out in Article 10 of our Constitution. Those values are also guided by the principles of public service as provided in Article 252 (1)(c), (e) and (f) of our Constitution. This calls for consideration of the welfare of the people. Being reasonable means consideration of all the factors at play. We have seen incidents of some cases before our courts where certain determinations by some of our judicial officers have caused chaos in some sectors. That is the case with the education sector where, without considering all the factors affecting the whole country, a judicial officer gave a determination which created chaos. This Bill provides a clear organizational structure of the Court of Appeal, in terms of its presidency and leadership hierarchy. This again creates order. In terms of administrative processes, powers of the administration and the performance of functions, the Bill is clear. It provides a way for understanding when a matter has to be determined, and that is good. The Bill provides clear linkages between the president of the Court of Appeal and the Chief Justice in terms of determining matters. The independence of the Court of Appeal is good for us, as a country. It is my hope that the people entrusted with the responsibilities espoused in this Bill will be considering the greater interests of the country and all stakeholders while determining matters before them. The Bill provides for clear periods for recess so that people with matters before the court can know at what time their issues will be determined. This facilitates discharge of justice services to our people. With those few remarks, I support this Bill. Thank you."
}