{"id":1063664,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1063664/?format=json","text_counter":31,"type":"speech","speaker_name":"Sen. Omogeni","speaker_title":"","speaker":{"id":13219,"legal_name":"Erick Okong'o Mogeni","slug":"erick-okongo-mogeni"},"content":"The clause that the Committee has an issue with is what is contained in Clause 43, whereby it is proposed that just by the mere receiving of a complaint, before that complaint is looked at, and determination made, that a tribunal should be formed to look into the conduct of the judges, the JSC can suspend a judge and later on say: “We have looked at the complaint and we have found it unmerited. You are free to go back and perform the functions of your office.” What we are saying as a Committee is that this will be a major claw back on the independence of the Judiciary. It will create a lot of fear among judges. We are proposing that the prevailing situation where judges are suspended only after a recommendation has been made to form a tribunal should remain as it is. That is why we have termed that particular amendment to the Constitution as being unconstitutional."}