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{
    "id": 1121450,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1121450/?format=api",
    "text_counter": 195,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Ochillo-Ayacko",
    "speaker_title": "",
    "speaker": null,
    "content": "Thank you, Madam Temporary Speaker for giving me an opportunity to remark and support this Report. In terms of longevity and time, Kenya is a young nation. When we look at the lives of our institutions we have, by international standards, a young Judiciary, a young Presidency, recent jurisprudence, we need to get it extremely right from the beginning and throughout. If we get it wrong, then we do not seem to benefit. From precedence, we do not seem to benefit or desire to benefit from practices from jurisdictions that are similar to ours. This seems to be the case. Any person anywhere and anytime, who exercises authority and holds an office, must understand that the holding of that office, the exercise of that authority and everything related to it, derives its legitimacy from law. You cannot just emerge from somewhere and purport to exercise authority or do something that is not founded in law. This is what is described as the ‘rule of law’. We have a Presidency, the Judiciary, and we are in a legislative body. The authority that is exercised by these three Arms of Government must be only that which is granted, permitted and limited by the law. Anything outside may be wishful or arbitrary and should not be countenanced in any decent society. The issue that is germane in this Report is whether the rule of law is being followed. For those who politic and love to cheer on leadership even when the exercise of power attributable or associated to such leadership are advised to ensure that the power and everything done by such leadership is founded in law. If it is not founded in law and is arbitrary, it becomes abuse of office. Let us look at the issue, which is the Presidency and the authority or role of the President in appointing judges. The Constitution is clear when you look at it plainly. The President purports to be acting pursuant to the same Constitution, but his action is not"
}