Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1067050,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1067050/?format=api",
    "text_counter": 44,
    "type": "speech",
    "speaker_name": "Kandara, JP",
    "speaker_title": "Hon. (Ms.) Alice Wahome",
    "speaker": {
        "id": 1700,
        "legal_name": "Alice Muthoni Wahome",
        "slug": "alice-muthoni-wahome"
    },
    "content": "Hon. Temporary Deputy Speaker, the other area I have big concerns with is the Judiciary and the creation of the Ombudsman. Member here have spoken to it. We cannot speak in futility. We cannot speak by way of lamentations. We must tell Kenyans. For me, the creation of the Judiciary Ombudsman in the manner proposed here creates another area of conflict between the office of the Ombudsman and the Judicial Service Commission (JSC) that is headed by the Chief Justice of the Republic of Kenya. Why do I say so? If you look at the functions assigned by this Bill under Clause 44 to the Office of the Ombudsman, they are similar functions assigned to the current JSC. How will they then not conflict? Many times, we have seen conflict between the Office of the Directorate of Criminal Investigation (DCI) and the Office the Director of Public Prosecution (DPP). What we are creating here is a similar scenario where you have duplicated functions of the JSC and those of the Ombudsman. Is it necessary? Again, how will an Ombudsman who has been given permission to receive complaints of members of the public against judges and magistrate, come and sit as an ex officio member in the JSC which also recruits the members of the Judiciary? This is the employer. In simple language, you cannot sit as an employer and on the other side you are the one disciplining and receiving complaints. We are losing it. Clearly, there is a problem and the Ombudsman is appointed by the Executive. So, you are bringing the Executive right into the Judiciary yet the essence of an independent Judiciary is that they should be independent from the Executive and from the Legislature. The particular provisions completely make nonsense of the independence of the Judiciary. Going forward, from Parliament, there are cases pending in court. Are courts supposed to give a blind eye to some of these provisions that may make their work very difficult? I say no. I do not think it is possible for them to give a blind eye. We have a duty as MPs to provide a structure of governance from Judiciary, Legislature and the Executive; and ensure that those institutions work without conflicting. At no time is conflict important. Hon. Temporary Deputy Speaker, according to Article 230 the Salary and Renumeration Commission (SRC) has representatives who sit in it from the Teachers Service Commission (TSC), the JSC, the Parliamentary Service Commission (PSC), the National Police Service (NPS), the Defense Council and the Senate on behalf of the counties. All these bodies have been scrapped by our proposals. Hon. Members, as the Member for Kandara, I do not want to be part of the people who weakened the SRC. I do not want to be part of the people who weakened it without saying 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."
}