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{
    "id": 1121454,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1121454/?format=api",
    "text_counter": 199,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Ochillo-Ayacko",
    "speaker_title": "",
    "speaker": null,
    "content": "to be a pushback and a slap on the Senate. If you look at some of these judgements that the Judiciary is delivering on matters presidency, they appear to be a slap on the face of the Executive. Madam Temporary Speaker, such things arise when there is a clear indication that the Executive has an agenda against the Judiciary. There is a clear indication from the Executive that some matters will be revisited. When you unsheathe your dagger at the beginning of your term and tell the Judiciary that you will met the sharpness of that dagger against them right into their hearts and twist it--- The Judiciary is being occupied by human beings who live in Kenya and comes from a history where judges were arbitrarily arrested and detained. Previously, their tenure was taken from them and they served at the whims of the Executive. They are bound to hit and push back. Being a young democracy, we need leadership that will act beyond emotion and vengeance. When institutions are young and being established, they need to run their matters in a clearly objective and focused environment, where there are no attempts at pushback. When such things happen, you will find that those who suffer most are the innocent and helpless interests of our nation and nationals. Madam Temporary Speaker, the presidency should actually think about the impact of this fight against the Judiciary. The Judiciary should, similarly, think about anything that might be perceived as a pushback. This kind of situation where there is a standoff among the Arms of Government may render Government dysfunctional. It is presupposed that although all the Arms of Government are independent from the other, they must cooperate and work together, so that the nation becomes functional. This fragrant violation of law in the appointment of Judges may occasion a reaction or undesired consequence, where the Judiciary may take a measure that may be in some grey areas. I do not want to give specific examples. Madam Temporary Speaker, what happens then? As a result of such an impasse, this nation will grind to a halt. As a result of such quarrels, this nation may be rendered dysfunctional. You can see it right it this House. We describe the Majority side as also the ruling party, and that is what Jubilee Party is to all of us. Right across the aisle, we have Sen. Linturi. You will find him claiming that he is not a Member of the Jubilee Party. The undesired consequence is that Jubilee Party, which is the majority side, is dysfunctional because of its internal quarrels. That can also give an indication that we may have institutions that are legally there, but because of shadowboxing or fights that are coming up--- This one has clearly been initiated by the President and the Judiciary for its own survival. We may also do something that causes paralysis and end up suffering. One of the sufferings I suspect we are undergoing now is the insufficient funding and delayed Exchequer releases that are given to the Judiciary. The people of Migori, where I come from, have so many pending cases. In Migori County, for instance, they do not have a court that deals with labour related matters. We have to travel all the way to Kisumu and queue on the benches. People from Kakamega, Vihiga, Busia and, perhaps Trans Nzoia counties, have to travel all the way to Kisumu. It is the same case for people from Kisii and Nyamira. You may discover that there are two judges there."
}