13 Oct 2015 in National Assembly:
Thank you, Hon. Speaker. I rise to support this Bill. This Bill is very important as it is meant to fulfil what is required by our Constitution under Articles 48 and 169. The Small Claims Courts are important because their informal nature is going to make justice accessible and inexpensive to the majority of the people as is indicated in this Bill. Justice is difficult for majority of the people. Some people travel long distances. Having Small Claims Courts in every sub-county will make justice accessible to the people. The fact that the Bill proposes that proceedings go on until ...
view
13 Oct 2015 in National Assembly:
Since the Small Claims Courts will be dealing with matters of small contracts involving the sale and supply of goods and services, being informal in nature will help. It may involve what is done by the Meru council of elders, namely, the Njuri Ncheke, whereby their determination of a matter in most cases is usually fair, leaving people feeling that justice has been done. That is a place where you are not likely to encounter cheating as it happens in the ordinary courts. This will give credence to the Small Claims Courts and it will be good for the majority ...
view
13 Oct 2015 in National Assembly:
The other thing is about the adjudicator of courts. This Bill is making it friendlier so that whoever is presiding on the matter is somebody many people will be comfortable with.
view
13 Oct 2015 in National Assembly:
This jurisdiction is giving consent to parties. According to Article 18, in the exercise of jurisdiction of this Act, the court many also consent the parties. They can adopt flexible ways of dealing with matter before the court. This is good. As we look at this Bill, it helps in terms of how the matter is handled at that particular level for the common good.
view
13 Oct 2015 in National Assembly:
Also, the proceedings of the court, given the time that has been stipulated for determination cases, will make the judicial process cheaper and accessible. This will provide the opportunity for all who are concerned. With that, Hon. Speaker, I would like to support this Bill which has come at a good time and it fulfills the constitutional requirements that all the citizens can have access to justice fairly. I support.
view
7 Oct 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Chairman. I also rise to support. This service is important for the counsellor. Sometimes members of this Society may be drained of the energy and at a certain moment in time, they may need counselling. So, this kind of clarification is important. 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.
view
7 Oct 2015 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. I rise to support this very important Bill. The Bill provides for organisation and administration of the High Court. This Bill is good in the sense that it provides for co-ordination of our judicial system, especially the High Court in terms of the way it is organized as well as its leadership and management structure. The fact is that it brings out the issue of how each of the stations should be administered; it provides for management teams as well as timelines within which those teams should meet and advise one another. Also the ...
view
7 Oct 2015 in National Assembly:
to stop us from conducting our business, that is very bad. It is in bad taste for someone to go to court to seek orders to stop us, as a House, from discussing one Bill or another. The courts have developed jurisprudence that respects the Constitution and responds to the Kenyan social, economic and political needs. We have a crisis within our education system; there are some determinations coming out of our High Court which appear--- What is provided for in Clause 3(2) is the need for our courts to develop jurisprudence that respects the Constitution and responds to Kenya’s ...
view
7 Oct 2015 in National Assembly:
Part III of the Bill, which deals with the administration of our judicial system, is important because it brings out the element of co-ordination and how things should work. I am also very happy with the aspect of alternative dispute resolution system because that way, council of elders’ organisations like Njuri Ncheke can have space and determine matters through the alternative mechanism, as it happens today; their decisions can be abiding. 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.
view
7 Oct 2015 in National Assembly:
The Njuri Ncheke council of elders can determine what other people are not able to determine.
view