Timothy Wanyonyi Wetangula

All parliamentary appearances

Entries 411 to 420 of 577.

• 15 Oct 2015 in National Assembly: The Memorandum of Objectives and Reasons says that the main objective and purpose of this proposed law is to make further provisions for the organisation, administration and administrative matters to enable the effective and efficient functioning of the Court of Appeal. This Bill is going to make sure that the Court of Appeal still maintains its efficiency and is given more organisational mandate that will enable it to perform better. I will urge the registrar to go a notch higher in the record system of the court. He can still introduce the electronic record system. It is not mentioned here, ... view
• 15 Oct 2015 in National Assembly: Section 36 talks about access to justice. It says:- “The court shall ensure reasonable access to its services in all parts of the Republic, so far as it is appropriate to do so.” When you read the Bill, you will see that most of the functions have been decentralised. The court can sit in various parts of the country with a presiding judge. We have its centre in Nairobi but in other areas, you find that there are judges who sit there as determined by the president of the court and in consultation with the Chief Justice. It has also ... view
• 15 Oct 2015 in National Assembly: Section 17 talks about establishing of committees for the purpose of efficient management of the affairs of the court and the welfare of judges. This is a very important part because it will address how the court will be managed, the efficient delivery of justice and the welfare of judges. Sometimes, we neglect the welfare of judges and that breeds corruption. 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
• 15 Oct 2015 in National Assembly: If we go by seniority, and if the president of the Court is inefficient, there is no need for him to be in office. The Court of Appeal can take its prerogative to elect the next president and remove the one who is not efficient. They need the court to perform efficiently because this is an appellate court. An appellate court is supposed to be the most efficient than the other junior courts. People who are not satisfied with the decisions of the lower courts can come to the Court of Appeal knowing very well that they will get justice ... view
• 15 Oct 2015 in National Assembly: I support. view
• 13 Oct 2015 in National Assembly: Thank you, Hon. Temporary Deputy Speaker for giving me this chance to contribute to this Bill. At the outset, I would like to say that this Bill is very progressive. First, I wish to address myself to Clause 34. This is a very beautiful draft. Clause 34 talks about having proceedings done and ended on the same day or, at most, three days. This will give justice to the people who need speedy adjudication of local issues. We are now realizing that justice has been denied to the bulk of our population because it was not accessible. The other thing ... view
• 13 Oct 2015 in National Assembly: Clause 21 talks about language. What captures my imagination is the use of indigenous language, braille and Kenyan sign language. This makes it accessible to people with disability. Sometimes, people with disability go to court and they do not find interpreters or people who understand the Kenyan sign language. Since this provision is made available to them, it means that this will be accessible to the people who come to consume the court services. I wish to look at Clause 18 about dispute resolution mechanisms. It is also provided that those small claims courts can explore this mechanism instead of ... view
• 8 Oct 2015 in National Assembly: Thank you, Hon. Speaker, for giving me this opportunity to also add my voice to this important Bill. Having read through this Bill, there are several things I notice that if properly dealt with, will bring reforms to the courts and improve the discharge of justice. Clause 28 deals with keeping of court records. This is an area which is a hindrance to the discharge of justice because many times, records are not properly kept. Disappearance of court files is so common. It is also the source of corruption whereby some rich or corrupt individuals cause court records to be ... view
• 8 Oct 2015 in National Assembly: disputes can be dealt with at this level. Sometimes, those are provided for in law. Clause 26(4) provides that:- “Where an alternative dispute resolution mechanism is a condition precedent to any proceedings before the Court, the Court shall, by order, stay off the proceedings until the condition is fulfilled.” This is very important because, sometimes, when people enter contracts, they provide a way of resolving disputes when they arise. In other jurisdictions, precedence is taken very seriously. Even the appointment of judges to preside over a case or the appointment of the Chief Justice (CJ) is done based on precedence. ... view
• 8 Oct 2015 in National Assembly: Hon. Speaker, the other one is Clause 16 on the role of the Chief Justice. This area is about harmonising the judicial and administrative functions of the court. Sometimes, there is a disconnect between judges and the administrative staff working at the Judiciary. This will bring order in the management and administration of the judicial system and make the performance efficient. view