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{
    "id": 1121423,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1121423/?format=api",
    "text_counter": 168,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "because they owed it to the Executive to get those appointments – it was found necessary to put certain provisions in the Constitution. In those provisions, the manner in which the CJ was being nominated and appointed did not require a decision of the President in determining who becomes the CJ. Instead, it was the JSC which would determine who would become the CJ and the matter would be brought to Parliament. After Parliament approves, then the responsibility of the President was to exercise authority of being an instrument of appointment. The President does not make that decision. The President is an instrument for appointing the CJ. I for one would have wanted it to be like USA. Really, if a President has a programme to fight corruption or to bring in new laws that measure up to his vision and go to the people and be elected on the basis of that vision, probably, it would be better for the President to appoint and then Parliament would approve. Unfortunately for Kenya, there were fears that if this responsibility is left to the Executive – and sometimes the Executive can be controlling Parliament – in order to have a strong Judiciary--- The experience is that a strong Judiciary is very important for a democratic nation to grow, for it to observe the rule of law and protect the Bill of Rights and freedoms that may be enunciated in its Constitution. Therefore, Madam Temporary Speaker, I would plead with the President of the Republic of Kenya, that there is no way we can circumvent the Constitution. Literally, there is no way. Senior counsel, Sen. Omogeni is here and I wish Sen. Wako was here because he was there when they were debating this. This is not a matter where we can circumvent the law. There is no other way. There is no other possibility and the Attorney-General should advise the President sufficiently. He should tell him that once the Judicial Service Commission (JSC) has made recommendations and nominated people for appointment, the duty of the President is to appoint them. Nobody should be afraid to do so because the Executive’s representation in the JSC is top heading. It is led by no other person of decision other than the Attorney-General, who is the advisor to the President as an advisor to Government. When a matter goes through the JSC and the country or the Executive has concerns, the Executive has people within the JSC who can raise those issues. There are two presidential appointees in the JSC; the Attorney-General and the representative of the Public Service Commission (PSC). These are bodies and persons who can put the fears of the Executive on appointment of judges before the JSC. The JSC is a constitutional organ. The only judges who are appointed by the approval of the Parliament are the Chief Justice and the Deputy Chief Justice. The other judges are appointed by the JSC and the president’s role is to appoint those who have been nominated by the JSC. This matter did not arise with this Constitution. Under the old Constitution, the President was required to appoint 12 nominated Members of Parliament (MPs) who were to be Members of the National Assembly. The 12 Members were supposed to reflect gender balance. Those nominations were made by political parties. At one time, the matter on appointment of nominated MPs was taken to court and I represented the Federation of Women Lawyers-Kenya (FIDA-K). FIDA-K was complaining that they were not getting a fair representation out of those 12 nominated Members of the National Assembly. The debate at that time was not on whether the President was ready and"
}