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{
    "id": 590980,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590980/?format=api",
    "text_counter": 46,
    "type": "speech",
    "speaker_name": "Hon. Chanzu",
    "speaker_title": "",
    "speaker": {
        "id": 11,
        "legal_name": "Yusuf Kifuma Chanzu",
        "slug": "yusuf-chanzu"
    },
    "content": "Thank you, Hon. Speaker for the opportunity to support this very important Bill. Hon. Speaker, some of the reforms Kenyans have been agitating for are contained in this Bill. Kenyans in most parts of the country specifically, the rural areas who are far from major towns like Nairobi have been yearning for aspects of the law which can be useful to them. This can only be achieved through this Bill because with this law in place, it means that it will be easier and cheaper to set up small courts in our rural areas. Hon. Speaker, the speed at which cases will be handled has been outlined in this Bill. For example, there is an aspect that I find useful, and that is Clause 32. It talks about simplicity. It says:- “The courts shall not be bound by the strict rules of evidence. Without prejudice to the generality of subsection (1), the Court may admit as evidence in any proceedings before it, any oral or written testimony, record or other material that the Court considers credible or trustworthy even though the testimony, record or other material is not admissible as evidence in any other Court under the law of evidence”. This Clause is saying that the court will take any evidence that is given but it will be the responsibility of the court to verify the evidence that it has been given. It has been very difficult for those who want to go to court, because it is compelling that the evidence is given on oath but in this particular case, the courts will take any evidence but it is up to them to prove its validity. The other aspect that I think is credible is the amount of Kshs100, 000, which those who want to file a case in court will be paying. The fee has been prohibitive. In fact, the cost of filing a case has been prohibitive to the extent that a number of people who would have loved to go to court, have ended up not going to court. Payment is also a big problem because you must pay the filing fees and the cost of the suit upfront. That is a problem to those who want to file cases in court. There is also an alternative aspect of convenience. The Bill here talks about three main advantages. It talks about Small Claims Courts which shall resolve disputes informally, inexpensively and expeditiously in accordance with the principle of law and natural justice. There is also an element of convenience bearing in mind that there will be proximity. It is closer to the people thus making it convenient for them to go and seek justice in court. There is also another dispute resolution mechanism that we talked about. Being informal means that it is more convenient to those who want to seek justice in court. This is because you do not have to follow the formal ways of going to court. 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."
}