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{
    "id": 590809,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590809/?format=api",
    "text_counter": 109,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Odhiambo-Mabona",
    "speaker_title": "",
    "speaker": {
        "id": 376,
        "legal_name": "Millie Grace Akoth Odhiambo Mabona",
        "slug": "millie-odhiambo-mabona"
    },
    "content": "Well, Hon. David is holding a brief for him. The reason why I would have wanted him to listen very specifically is because of an issue of interpretation. I can see that he is now alert. Article 164 of the Constitution provides for the establishment of the Court of Appeal, which shall consist of not fewer than 12, as may be prescribed by an Act of Parliament. According to this Article, the Court of Appeal shall be organized and administered in a manner to be prescribed by an Act of Parliament. The fact that the Constitution says that this shall be done by an Act of Parliament does not preclude that Act of Parliament from obtaining other objectives. Therefore, there is nothing precluding us from having an omnibus legislation on administration of the court system. I know that it is too late to have these ideas included, but I would have preferred it that way because the style of legislation that we have been having lately is geared towards consolidation. However, in respect of the justice sub-sector, we are having very tiny pieces of legislations on administration. Some of those legislations are repetitive. There are legislations which are very specific to the Court of Appeal, some of which are specific to the High Court and some of which are specific to the Small Claims Courts. Therefore, I encourage the Departmental Committee on Justice and Legal Affairs to do something that would require them to withdraw some of the Bills and consolidate them to ensure that we can have something akin to the Judicature Act so that when we go to court, as lawyers, we do not have to refer to a plethora of legislations. It will make the lawyers’ work a little easier. I do not know why the Departmental Committee preferred this style of legislation. Article 164 does not say that each of the matters provided for under the various sub-articles must have its own piece of legislation. It only says that they shall be provided for in an Act of Parliament. A lot of the things that are contained herein have been contained in other Bills. As I conclude, I would like to encourage the Departmental Committee to mainstream gender in this Bill, as it has been done in other Bills. Mainstreaming gender is not about mentioning the words “gender” and “women.” There are several ways of doing it. We can sit together and discuss the various ways of mainstreaming gender in this Bill to make access to justice easier for women and vulnerable groups in society. With those remarks, I beg to support."
}