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"id": 590893,
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"speaker_name": "Hon. Onyura",
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"speaker": {
"id": 12833,
"legal_name": "Michael Aringo Onyura",
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"content": "also stable. When somebody is wronged or communities feel aggrieved, instead of revenging or taking the law into their own hands, they are able to submit themselves to the court process. We have read about the disagreements that are going on about the retirement age. I have not seen anything on retirement in this Bill. Issues of retirement age need not be as controversial as they are now. In my opinion, matters of retirement age should be relaxed. When the Civil Service retirement age moved to 60, perhaps we should have moved the retirement age of judges to 75. More important is whether the person is able to deliver on their mandate. If they are in good health, they can work even up to the age of 80, particularly in some of these areas where the longer the time, the wiser and more knowledgeable a person is. We need not have disagreements on retirement age. Modalities can be worked out so that at a certain age, the terms can be converted into contracts renewable annually. It is something to consider so that we are not just tied to the tradition of saying that you must retire at a certain age. At times we need to think slightly outside the traditions as well. What is really important about our judicial system and what we should ensure happens is speedy delivery of services. The adage, “justice delayed is justice denied” is quite real. If cases take years before completion, many times it is prejudicial to the parties involved. At some stage, a case is handled by all manner of judges and other times the witnesses and even some of the documents that may be needed may also disappear. One of the guiding principles is to ensure that we have speedy completion of cases and delivery of justice. That can be done. We saw what happened to the election petitions. Previously, before some guidelines were put in place, election petitions would last forever. From the time it was stipulated that they have to be done within a period of six months, we have seen it being done. As part of the administrative rules and guidelines, all these cases should have certain time limits so that they do not stay in court forever. I also took note of Clause 35, which talks about contempt of court. I look forward to courts enforcing contempt charges against those who disobey courts or disregard the court rulings or processes, regardless of who they are. Obeying court orders is part of the rule of law. I noted that human resource issues are also covered, namely; issues of qualifications and transfers. There is a provision for performance management which is a very good thing to ensure that whatever is being done is assessed. That will assist us in ensuring that cases are speeded up. I support this Bill."
}