Dr. James Nyikal

All parliamentary appearances

Entries 2391 to 2400 of 3161.

• 13 Oct 2015 in National Assembly: the courts being far away from them. Lack of finance has also made many of our people miss justice. Justice has eluded them because they cannot afford it. The other aspect is flexibility. Throughout the Bill, you find a lot of areas of flexibility that makes it much easier for justice to be administered. Simplicity and doing away with technicalities will make justice accessible. Those of us who are well informed abhor going to court basically because of the technical issues, the time limits and the processes involved. This Bill seems to have taken care of all those aspects. Finally, ... view
• 13 Oct 2015 in National Assembly: The processes have also been made quite flexible. The court shall have control over its procedures, but within the law. Even where procedures take place, I find it extremely flexible. The provision for alternative dispute is probably the most important part of this Bill because the procedures that have been provided allow for utilization of alternative processes in a structured manner and with good records so that you can use council elders, but put the proceedings on record. Orders will be made according to the court, and they will be respected. Clause 20 talks about bad lawyers. What people fear ... view
• 13 Oct 2015 in National Assembly: I was concerned about the execution of the decrees that come. If you have this flexible process, then what about the decrees? Shall we get into a situation where people take those courts for granted? However, the Bill gives powers for execution of decrees and review of those decrees. This is so that those who think they can go to that simple court and get free are liable to fines or imprisonment if they abuse the process of court. If we make amendments, pass and implement this law, the fear that currently exists in people for courts will go away. ... view
• 8 Oct 2015 in National Assembly: Thank you, Hon. Temporary Deputy Speaker for giving me the opportunity to support this Bill. The establishment of a High Court together with the whole judicial system is the basic foundation of the rule of law; in this case, it is in compliance with our Constitution. I have sometimes thought that if I was asked to name three institutions that will rid us of the evil of corruption that has so much affected our country, I would mention the judicial system, the police and probably the office of the Director of Public Prosecutions (DPP). So, a proper and working system ... view
• 8 Oct 2015 in National Assembly: This Bill brings into line the effects of the Constitution particularly Article 165. I am particularly impressed by the jurisdiction on the interpretation of the Constitution. On and on again in this House, we have had issues that point to the interpretation of the Constitution. So, if we have a High Court that is assigned that jurisdiction, we are on the right track. view
• 8 Oct 2015 in National Assembly: Similarly, we know that we are making national laws, county laws and we often know that there are laws that are made in this House and may have to be interpreted, whether they should have gone to the Senate or not. This is an area which the High Court must address itself to. This Bill puts that in place. That is something that this country needs. view
• 8 Oct 2015 in National Assembly: I am happy that Clause 12 of this Bill talks to the distribution of courts in every county. This is an achievement that when we get there, every Kenyan will feel the impact of having a High Court nearby. I know that there have been circuits where judges go round, but I do not think this can be as effective as having a High Court in every county. On top of that it still provides for the circuit which means it will be moving within the counties. view
• 8 Oct 2015 in National Assembly: Again, this Bill aligns itself to the principles of governance in our Constitution; of equity, justice, integrity and the principles of the public service as set out in Articles 10, 159 and 232 of the Constitution. These are very important Articles in our Constitution. From civil societies’ standpoint, these were the main issues that brought a lot of problems in the previous Constitution. To bring them in and give the High Court jurisdiction over them is really commendable. view
• 8 Oct 2015 in National Assembly: Part II and Clause 4 in particular, the organisation of the court system and the work assessment for the judges is an important thing. Many times, in the past, we have had complaints from advocates of the High Court, of judges being overloaded and unable to clear cases. Now, we have a system that will assess how heavy the workload of a judge is and make recommendations on what should be done. view
• 8 Oct 2015 in National Assembly: Clause 8 gives the hierarchy and what I would call a pecking order. I like it. Any system must have clearly set out order and hierarchy. This comes out pretty well; we will have principal judges, presiding judges and the High Court Registrar. If implemented as indicated here, they will go a long way in improving the justice system in this country. view