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{
    "id": 1067639,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1067639/?format=api",
    "text_counter": 159,
    "type": "speech",
    "speaker_name": "Homa Bay CWR, ODM",
    "speaker_title": "Hon. (Ms.) Gladys Wanga",
    "speaker": {
        "id": 590,
        "legal_name": "Gladys Atieno Nyasuna",
        "slug": "gladys-atieno-nyasuna"
    },
    "content": " Thank you, Hon. Deputy Speaker. At the outset, I support unreservedly the BBI Bill. We are privileged to live through and participate in this historic moment. Building a stable and prosperous nation is an exercise that never comes to an end. Chinese philosopher Confucius said that our greatest glory is never in falling but in rising every time we fall. Nations develop by constantly probing their systems, reviewing and questioning what works and what does not work. The Constitution is a living document; it is a document for the people by the people. It is for us to decide at any given time, depending on the prevailing circumstances, to have a Constitution that works for us. The 2010 one has served us for 10 years now and we are in its 11th year. We have been able to see where the shoe pinches us. Those are the things that the BBI Bill is in the process of correcting. There is a school of thought that the BBI Bill is expensive and it is not a priority. Figures have been thrown here and there, and it was suggested that we first deal with other things before we deal with the BBI. What is the cost of peace and prosperity? Is there a price too high to pay for a peaceful, prosperous and stable nation? There is an argument that we first fix the economy before the BBI Bill. I want to state that the economy follows politics. If politics fail economy fails. In 2008 our Gross Domestic Product dropped to 1.5 per cent from 6.9 per cent the previous year. Why? It was because of political instability. In 2017, it dropped to 4.8 per cent from 5.9 per cent the previous year. Why? It was because of political instability. Therefore, a vote for BBI Bill is a vote to strengthen our economy and build a prosperous future for our children and their children. I heard it being said on the Floor of this House that we are dealing with a dangerous document. It has been said that we are dealing with a document that is clipping the independence of the Judiciary. Nothing could be further from the truth. Independence of the Judiciary is a hallowed constitutional tenet. It is the hallmark of our democracy. So, why are we being told that we are clipping the independence of the Judiciary or that the BBI Bill is doing it? It is because Clause 43 of this Bill is amending Article 172 to give the Judicial Service Commission power to receive complaints against judges, investigate and discipline them by warning, reprimanding or suspending them. We are being told that by doing that we are clipping the independence of the Judiciary. If we look at the context in which we had the 2010 Constitution, it was such that the 2010 Constitution provided for a vetting board for all judges. The Sharad Rao Vetting Board vetted all judges. What happened is that we had a gap. Article 168 of the Constitution provides for the removal of judges but there is nothing in between. What if a Judge’s misconduct does not meet the threshold for removal but is grave enough to be investigated and action taken? The situation we currently have is that the courts gave a ruling that the JSC cannot investigate, punish or reprimand a Judge. If, for example, a Judge – we have many good judges and a few bad ones – is not writing his judgements on time, such is not a threshold for removal from office. The Judge cannot be reprimanded by the JSC. 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."
}