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{
    "id": 976866,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/976866/?format=api",
    "text_counter": 300,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Kabaka",
    "speaker_title": "",
    "speaker": {
        "id": 13206,
        "legal_name": "Boniface Mutinda Kabaka",
        "slug": "boniface-mutinda-kabaka-2"
    },
    "content": "I appreciate what you are saying. This is a good Bill but we will bring an amendment to polish it. It is not possible for us to just have the High Court because the Constitution, which is the supreme law, is very clear. Article 162(2) is very categorical that it only gives two aspects for the High Court. It states that- “Parliament shall establish courts with the status of the High Court to hear and determine disputes relating to– (a) employment and labour relations; and (b) the environment and the use and occupation of, and title to, land.” That is what lawyers called land law courts. There is nothing beyond that. That is why I am saying the intention of this Bill is good but Article 162(3) of the Constitution says that– “Parliament shall determine the jurisdiction of the courts contemplated in Article 162(2).” It is the role of Parliament to bestow the administrative aspect of the courts. It is imperative that at this stage, we should not demean a magistrate court because justice can be done anywhere. It does not mean that it is only the High Court or the Supreme Court where justice is. Justice can be found in any court. Any court is a court of competent jurisdiction; that is what we say. My take as a lawyer is that the jurisdiction ought to start at the lower level; which is the magistrate court. However, magistrate court should not be defined to deal with matters relating to lifestyle audit alone because of time limitations. This is because matters are referred to the High Court or the Court of Appeal take many years because of the backlog of cases. If we are serious to have this law, so that cases move fast, it is better we have a specialized court. There is no better court than a subordinate court which is subject to supervisory jurisdiction of the High Court, where the parties can appeal if they are not satisfied. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}