7 Oct 2015 in National Assembly:
Thank you, Hon. Speaker, for giving me the opportunity to contribute to this Bill. There is nothing as good as taking justice closer to the people, especially to the pastoralists who need to be ministered. One of the things I like about this Bill is that civil cases, which are mostly done in rural areas, are being taken care of by the Magistrates’ Courts. The issue of land affects the locals in the rural areas and it takes time for them to be settled. That is because we do not have courts nearby. Setting up the Magistrates’ Courts in our ...
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7 Oct 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Chairman. I suggest that we use the word “specialist”, which is applicable to all the professionals.
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7 Oct 2015 in National Assembly:
levels will help solve the issue of adoption. Somebody could be served with a court order and he refuses to go to court. This is contempt of court. This kind of jurisdiction will help protect the magistrates, the witnesses and even those people who are seeking justice.
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7 Oct 2015 in National Assembly:
Hon. Speaker, it is very shameful to find a group of people going to court and a number of them intimidating the magistrate to rule in their favour through noise making or through verbal threats. With this kind of punishment, our courts will run in the right way.
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7 Oct 2015 in National Assembly:
The court administrator is a very important person in a court. We need him to have some background in human resource management and in administrative matters because this is the person who keeps the registry of the court. We have had cases where records disappear from courts. It becomes the end of justice when records disappear from a court. The person who complains will not get justice. Sometimes we hear of cases where court officers are bribed to take away the file from where it is supposed to be. The complainant misses the file and the case goes like that. ...
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7 Oct 2015 in National Assembly:
In addition to that, this person should also help in interpretation. There are some locals who do not understand Kiswahili or English. We need somebody who can interpret the judgement to the person who does not understand English or Kiswahili so that he can understand and reply according to the question that has been asked. In Turkana and other pastoral areas, there are people who neither understand Kiswahili nor English. We need somebody to be there to interpret so that the person can understand why he is being accused so that when he replies, he answers according to what he ...
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7 Oct 2015 in National Assembly:
One of the reasons why I support this Bill is because of the location of the courts especially in pastoralist areas whereby you only find a magistrate’s court in Lodwar. There are other places like Lokitaung, Kakuma, Lokichar and bigger centres where crimes are committed on a daily basis. Such places need these services. I am happy to see that we have that kind of arrangement where a judge can go to those stations and deliver justice rather than somebody coming all the way from Kibish to Lodwar which is a journey of 800 kilometres to seek justice. It is ...
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7 Oct 2015 in National Assembly:
Though we have these stations in Turkana, we do not have transport means for the magistrates. Some magistrates depend on public means of transport. It is good when we have such stations that we avail transport for the magistrates. In Turkana, when a magistrate wants to go to these stations, he has to borrow a vehicle from the County Commissioner or from another department. It is good for us to avail resources to the magistrate court to facilitate them take justice closer to the people.
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7 Oct 2015 in National Assembly:
As I conclude, these magistrate courts must be aware that as much as we want to stabilise them, they should not forget the culture within the area. In some communities, there are some issues the communities can tackle themselves. It is good for a magistrate to have such kind of knowledge so that when he makes a judgement, he has some knowledge about that community. For instance, in the Turkana community, if you steal a vehicle it is not something that is very important but if you steal a donkey, it is a very important thing. So, sometimes you cannot ...
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7 Oct 2015 in National Assembly:
With those few remarks, I support it. 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.
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