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{
"id": 1121452,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1121452/?format=api",
"text_counter": 197,
"type": "speech",
"speaker_name": "Sen. (Dr.) Ochillo-Ayacko",
"speaker_title": "",
"speaker": null,
"content": "founded in any law that can be pointed out, but on an interpretation that is by himself and that does not enjoy the agreement or support of the Judiciary. Madam Temporary Speaker, it is the work of the President to appoint judges. He reckons that some Judges that he is supposed to declare appointed, because his work is to declare that they are appointed, are unsuitable for office. That information has emerged from an entity whose mandate in law does not include commenting on such matters. This is extremely strange because if such actions are allowed, you will find that any entity purporting to advise the President can be granted by the same President. Even though, the law does not envisage some imaginary powers to purport to advise the President to violate the law. Madam Temporary Speaker, there may be sound, but not lawful thinking on the part of the President that it is important to check the backgrounds of Judges. However, until legislative institutions and the citizens of this country are persuaded to amend the law through a referendum and grant the President the powers that he purports to exercise now, the desire of the President to have authority to reject recommendations of the Judicial Service Commission (JSC) on the appointment of Judges is purely a fertile dream. It can only become a reality if the law, as enacted by Parliament or the people of Kenya through a referendum, is passed and authorized in the manner that is supposed to be authorized. Until that is done, this is an illegality. It cannot be any other thing. This Act is unlawful, even if the presidency, which is such a monumental institution, continues do so. It remains unlawful and all of us who are charged with the responsibility to defend the Constitution, the rule of law and ensure that right overrides mind, will always stand in this House and say no to such impunity. Madam Temporary Speaker, on that note, I once more give accolade to my friend, neighbour and colleague, Senior Counsel Sen. Omogeni, and his Committee, which comprises some of the best brains in legal matters that we have in this House. I think that this is a piece of work that this House should be proud of. Without fear of contradiction, I wish to say that the voters may have their thinking out there. However, if they were to deny this House the knowledge, dedication and experience of our colleague, Sen. Omogeni together with Sen. Orengo, Sen. Wako and all the participants in this Committee, this Parliament would be poorer. Madam Temporary Speaker, Kenya will be poorer in terms of institutional staffing and capacity. I, therefore, appeal to and persuade the voters to, please, return these persons to this House unopposed. Unless they decide to serve Kenya in other offices, and that would be voluntary, but if they offered themselves as candidates for re- election, I would ask God to do something to the electorate to ensure that they are returned. It is really right and courageous to stand firm and tell the presidency that it is wrong, and that this thinking is backed by law and the statues that are mentioned within the Report. Having said that, I would also like to say that we are a young democracy with young institutions. If you look at what is happening in courts, you will find that most of the judgements that are delivered in court regarding the other co-equal arms of Government are judgements that appear to be vengeful and a pushback. Yesterday, we discussed what the Judiciary was trying to visit on the Senate when a dispute emerged between the Senate and the Council of Governors (CoG). It appeared"
}