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{
    "id": 1121406,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1121406/?format=api",
    "text_counter": 151,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "We also looked at the courts’ interpretation of those Articles of the Constitution. We realized that this matter has been a subject of litigation in a number of instances. The first case was when the JSC only forwarded the name of retired Chief Justice Maraga as their nominee for the position of Chief Justice to the President. There was a proposal that the JSC ought to have sent three names from whom the President should have picked one. That matter was heard in the High Court. A three bench judge made a finding that the Constitution obligates the JSC to only send one name. That matter was litigated all through to the Court of Appeal which affirmed that position. This particular matter has been a subject of litigation in our courts of law. There are so many cases pending before the court, but I will just cite one case where the High Court constituted a court of three judges and the judgement was issued on 6th February, 2020. This is what it ruled- (1) The High Court made a declaration that the President is constitutionally bound in accordance with Article 166(1) and Article 172(1)(a) of the Constitution to appoint all persons recommended for appointment by the JSC. (2) The High Court made a declaration that failure by the President to appoint the persons recommended by the JSC is a violation of the Constitution and the Judicial Service Act. (3) The High Court ruled that any continued delay to appoint persons recommended as judges to their respective courts is a violation of Article 2(1), Article 3(1), Article 10, Article 73(1)(a), Article 132(2)(a), Article 166(1), Article 172(1)(a) and Article 249(2). This judgement is subject of an appeal that is pending before the Court of Appeal and I will not say much other than state the findings that I have read to this House. In our report, we have taken issue with the fact that the Court of Appeal has left this matter pending for a long time yet it is a matter of serious public concern. This report has made an appeal to Her Excellency the Hon. Chief Justice to move with speed and constitute a Court of Appeal bench that should expeditiously hear and finalize the appeal that has been filed by the Hon. Attorney-General."
}