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{
"id": 1121417,
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"type": "speech",
"speaker_name": "Sen. Omogeni",
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"id": 13219,
"legal_name": "Erick Okong'o Mogeni",
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"content": "decision that was arrived at by the JSC. Therefore, this Committee made an observation that is bound by the decision that was made by the JSC. In the event that he wants to continue litigating in court, this Committee proposes that the Attorney-General invokes the provisions of Article 156(7) of the Constitution and designates some officers independent of him, to exercise some of the roles. These roles include conducting the litigations in court, so that he does not find himself in a very awkward position before the JSC. It is the hope of this Committee that the son of Kapkatet, Kericho County – Justice Weldon Korir; the son of Emalindi Village, Khwisero, Kakamega County, Justice Muchelule Aggrey Otsyula; the native of Kisumu County, Hon. Justice Odunga George Vincent; the native of Kajiado County, Hon. Justice Joel Mwaura Ngugi; the son of Kisii County, Ibacho Village, Nyaribari, Hon. Justice Evans Kiago; and, the daughter of Kisumu County, Hon. Lady Justice Judith Elizabeth Omange should be appointed by the President of the Republic of Kenya as judges of the High Court. Madam Temporary Speaker, as a Committee, we also appeal to the President to reduce the tension that is prevailing between the Judiciary and the Executive. By the time we were compiling this report, we had not received the latest decision from the High Court. However, we now have a decision that has been issued by the High Court to the effect that the Chief Justice (CJ) should proceed to assign these judges their duties and process their salaries and benefits, as judges of Courts of Appeal and judges of the High Court respectively. Although this matter has now found its way to the Court of Appeal and a stay has been issued, we think that the President should find a way of getting an amicable solution in these battles. At times people can disagree. In the American history, John Adams and Thomas Jefferson were very good friends. These two gentlemen participated in writing the American Constitution and they are known as the founding fathers of the USA. In the course of time, they joined different parties. I think John Adams became a Dederalist while Thomas Jefferson remained a Democrat. They became serious adversaries and could not talk to each other. One served as the second President, but was succeeded after one term by Thomas Jefferson. With time, they found out that it serves no purpose to have these disagreements and they became the best of friends. In fact, they died on the same day, on the 5th Anniversary of American Independence, having become great friends. Madam Temporary Speaker, even in this particular situation, the President has led the way in uniting the country by having a handshake with the Rt. Hon. Prime Minister, Raila Amollo Odinga. We really hope that even in this particular situation, we can find a way of having a sitting with the CJ, so that some framework on bringing this debacle to an end is found. It is not very health for the country to see the kind of disagreement between these two branches of Government. We want the Executive and the Judiciary to be independent but continue serving the interests of the country. Madam Temporary Speaker, in conclusion, this report by my Committee is founded on the fact that this Committee believes it is very healthy if we promote the rule of law, respect our Constitution and our statutes. Therefore, we appeal to the Head of the Executive to put in place steps of bring these disagreements between these institutions to an end."
}