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{
    "id": 1067677,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1067677/?format=api",
    "text_counter": 197,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Article 172 of the Constitution protects and defends judges and magistrates that in the event JSC finds a judge has contravened the Constitution either on integrity or otherwise, the JSC will look at it and will give the judge a fair hearing in a tribunal formed by the President. What this Ombudsman is going to do is exactly what President Moi did during his time. That judges will go to Statehouse, present a judgement to the President and they will come and read it before a court of law. Justice Madan and Justice Majid Cocker did it. You can go to the records. The creation of the Ombudsman is creating fear and intimidation among the judges, the saviour of minorities all over the world. You know what happened after the Supreme Court nullified our elections. I want to confess and apologise to the Judiciary and the people of Kenya, I did not say but my party said that we shall revisit. With this Ombudsman, the revisiting has started. Will this not mean that judges will work under intimidation and under the whims of what the Executive tells it to do? How shall a judge work, render their judgment that is free and fair? Can judges that are likely to be intimidated by Executive ensure that justice shall be done to all Kenyans irrespective of status? The answer is no. A classic example is a Member of this House, Hon. T.J. Kajwang’. Under this system, T.J. Kajwang’ would have been charged with treason because of what he did at Uhuru Park. Since we have an independent Judiciary, my colleague and friend T.J. Kajwang’ sits in this House. My friend, Member for Emurua Dikirr has many pending cases. I also want to talk about justice. Will justice not be delayed? The answer is no. Will justice be administered without undue regard to other matters and the purpose and principles of the Constitution shall be protected and promoted? The answer is no. For these reasons, let me go on record of the Hansard that the Office of the Judicial Ombudsman shall bring an end to the independence of the Judiciary that we fought for, for many years. If this passes, nothing will stop a judge from being told to jump and the only thing he will ask is how high. Due to intimidation, they will be asking how high they should jump. I want to ask my colleagues, let us not be emotional. What we are going to do here is going to haunt some of us."
}