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{
    "id": 1067945,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1067945/?format=api",
    "text_counter": 112,
    "type": "speech",
    "speaker_name": "Homa Bay Town, ODM",
    "speaker_title": "Hon. Peter Kaluma",
    "speaker": {
        "id": 1565,
        "legal_name": "George Peter Opondo Kaluma",
        "slug": "george-peter-opondo-kaluma"
    },
    "content": "Hon. Speaker, some lie has been told on the proposed Clause 44. Hon. Members, I beg to address you on this one. It is being said that it is suggested in Clause 43 that upon launching a complaint against a judge, the judge can be suspended by the Judicial Service Commission. Does the law not say - and have we not said as lawyers - that the Constitution cannot be read in bits and pieces? Are we amending Article 47, which says that if there is a decision which can be adverse to you, you will be heard expeditiously and there will be reasonableness - there will be procedural fairness, fair administrative action, and you will be given written reasons? In a nutshell, I am saying that if there will be a problem in the disciplinary procedure of a judge, then that judge has recourse to the courts under Article 47. Remember, Hon. Members, we are also not proposing amendments to Article 160 and 168 of the Constitution. Article 160 is on judicial independence. So, you cannot remove a judge from office. You can look at Article 160 (5), on anything he has done in good faith in the discharge of his functions. Hon. Speaker, the procedure for removing a judge from office is in Article 168. I am saying that these are falsehoods we are purveying for no reason. I do not know whether my minutes skipped. However, I wanted to speak on the Salaries and Remuneration Commission and the National Police Service Commission. More so, on the National Police Service Commission, I am in charge of legislation I would request that I conclude it."
}