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{
    "id": 590984,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590984/?format=api",
    "text_counter": 50,
    "type": "speech",
    "speaker_name": "Hon. Onyura",
    "speaker_title": "",
    "speaker": {
        "id": 12833,
        "legal_name": "Michael Aringo Onyura",
        "slug": "michael-aringo-onyura"
    },
    "content": "processes, either in the Capital City of Nairobi or the county headquarters, these should be decentralized as much as possible. I have noted with encouragement that the Bill talks about the possibility of having such courts in sub-counties. Eventually this should go lower. It should be based at the ward level so that services and particularly judicial services are brought as close to where the people are as possible. This court should be as flexible and simple in its operations as possible. There should be a possibility of having a mobile circuit within an area that it is operating. It should be flexible as to where it can hold its meetings. That flexibility should also be extended to the hours and days of the week. It should be able to sit on any day of the week and any hour of the day depending on the urgency of the matter. The issue of flexibility will be key to this level of courts. Again, this is a step in the right direction in trying to encourage the practice and the culture of litigation and people solving their differences in a civilized way. What at times has encouraged people to take the law into their hands and to resort to mob justice is lack of structured ways and facilities like these where they can solve their problems, particularly small ones. We have heard of sorry stories of people fighting and killing each other over very small sums of money. I am sure if they have an avenue like this, it will encourage them to go and seek justice there. Another good thing that I have seen in this Bill is that it encourages alternative dispute resolution ways. This is good because it will improve certain community ways in which some of these disputes can be resolved. That is encouraged. The fact that a party appearing before these courts can be accompanied by a personal representative, who needs not to be necessarily a lawyer - it could be the wazee or mama at home - is good. If they have an issue, they can take a member of the family to go and either represent them or even interpret for them. I think that sort of flexibility and simplicity is very good. I have looked at the requirement of an adjudicator who is to be appointed to this court having an experience of five years. Personally, I feel that five years experience is on the higher side. Anybody who is an officer of the court with a law degree and who has one or two years experience should be given an opportunity to preside over this court. It will also be important that those who will be appointed to serve in these courts should be given good terms and conditions of service and good career progression so that we can get people who are motivated, committed to service and who know that through that, they can also rise through the ranks. With those comments, I beg to support this Bill. Thank you very much, Hon. Speaker."
}