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{
    "id": 590871,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590871/?format=api",
    "text_counter": 171,
    "type": "speech",
    "speaker_name": "Hon. Njagagua",
    "speaker_title": "",
    "speaker": {
        "id": 2336,
        "legal_name": "Charles Muriuki Njagagua",
        "slug": "charles-muriuki-njagagua"
    },
    "content": "Thank you, Hon. Temporary Deputy Speaker, for giving me this chance to contribute to this Court of Appeal (Organization and Administration) Bill. Over the last one week, we have looked at the Small Claims Court Bill, the Magistrates’ Courts Bill and the High Court (Organization and Administration) Bill. This shows the level at which this arm of Government is proceeding to enhance Articles of the Constitution. Once this Bill is passed, I am sure it is going to enhance the independence of the Judiciary. As many people may know, the Judiciary is one arm of the Government but, as we have seen, it is structured in various courts. We have the Small Claims Courts, the Magistrates’ Courts, and the High Court and now we are looking at the Court of Appeal. There is also the Supreme Court and the Labour Relations Court. All those sections are meant to look at various aspects of our court system. In particular, I must say that when matters begin from the lower court, the court of original jurisdiction, that is the High Court, in the event that parties are dissatisfied with the decisions that emanate from the High Court, they can launch the appeal in matters of law - not of facts - to the Court of Appeal. I am certain that if one again is not satisfied with the decision of the Court of Appeal, they can proceed to the Supreme Court. Therefore, it goes without saying that once this Bill is passed, it is going to organise how the Court of Appeal is run. There are clauses on the president of that court and on the presiding judges of that court in various stations so that we can have the smooth running of the Court of Appeal. I must say that most of us who are legal practitioners have had an occasion to practise in some of those courts. I must also add that in my years of practise, the court that I have found to be more efficient and well organised is the Court of Appeal. Their calendar is well run. They send out timely notices to parties. When you go there, more often than not, your matter is likely to be heard. Once this piece of legislation is passed by this Parliament, it will enhance the efficiency of that court. Why do I say so? There is the issue of democratisation of that court. From the rank and file, the president will be elected by the 12 members of that court. There will be fixed stations for the Court of Appeal and the senior-most judge in those stations will become the president of that court. It means that seniority will come to bear on the court and the other members. There is also the issue of removal of the president of the court once he is unable to discharge his duties or found to be corrupt. God forbid! Half of the members of the court must sign the petition and, at least, two-thirds of them must vote to have such a judge removed. In the spirit of democracy, before a motion to remove the person is passed or a vote is cast to remove the president, he or she is given time to be heard. That enhances natural justice; that you cannot condemn a man or woman unheard. It gives him 45 days to respond to the queries and the issues raised and then a vote is cast to kick him or her out of office. The threshold to get the president out of this court is two-thirds of the membership. It is important to avoid frivolous and trivial issues where people gang against the president. Hon. Temporary Deputy Speaker, on the issue of modernising and efficiency of the court, there is a small matter of automation of the court. We will have stenographers, tele-conferencing and video-conferencing. It means that you do not have to appear in person. On this side of our jurisdiction, we were pegged to the olden days or the stone age in our legal practise, where a person has to appear in court either by representation of an advocate or in person. But since the 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."
}