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{
    "id": 1073331,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1073331/?format=api",
    "text_counter": 174,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": " Thank you, Hon. Deputy Speaker. I rise to support the Report of the Committee on the Vetting of the Nominee for the position of Chief Justice. The nominee in question is one who is known for her vast experience in the legal profession, brilliance and acumen in her career as a judicial officer. She now goes to the books of history of this country as having been the first female Chief Justice. When it comes to professionalism, capacity, ability and experience as required by the Public Appointments (Parliamentary Approval) Act 2011, there is no one who can object that the nominee ticks and fits in the box very well. However, allow me to say that the job of a Chief Justice does not just require one to fit or tick the box. It calls for one to abide by the dictates of Article 159 of the Constitution on judicial authority which is derived from the people. This is in the sense that we expect Hon. Lady Justice Koome to derive that authority from the people of Kenya. The citizens of this country are the real employers of the Chief Justice Martha Koome if she gets the job. I had the privilege to sit in this Chamber when men I have a lot of respect for like Dr. Willy Mutunga and David Maraga were brought to this House. Now, under the new Constitution Lady Justice Koome has been brought. In executing her duties, she must at all times have fidelity to the law and the people of Kenya. This is what should guide her; it is not the Executive, this House or any other public body that should move her. It is her duty to the people of Kenya to uphold the Constitution in accordance to Article 159. The reason I raise this matter is because concerns against this nominee were raised by the Law Society of Kenya on what was termed as misapprehension or skirting around her acting in the direction of the Executive, a fact that was evident. This is a very serious matter and I hope that the nominee shall not be on the beck and call of the Executive and always ready to do what she is told to do. Can judicial authority be exercised under the guidance of any other arm of Government? The principles are set out in Article 159(3) which includes that justice shall be done to all irrespective of their status. Finally, I want her to read and maybe listen to what Thomas Jefferson, the founding father of the United States of America (USA) who served as the third President said, “In matters of style, swim with the current, in matters of principle, stand like a rock.” This is like Justice Odunga, Justice Joel, Justice Matheka, Justice Chacha Mwita and Justice Ngaa. This House must respect the Judiciary. As a minority when the rubber hits the road, the people who will save this country and follow the Constitution both in spirit and letter is the arm of the Judiciary and its independence. She is not from Meru or Mt. Kenya East but is the Chief Justice of the Republic of Kenya. I hope she will follow what Hon. Willy Mutunga and Hon. Justice David Maraga stood for because we are watching her as the people of Kenya."
}