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{
    "id": 1121515,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1121515/?format=api",
    "text_counter": 260,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "That is why - this afternoon - I am speak with passion and conviction that this country is safer with a Judiciary that is independent and free of political manipulation. I agree with what Sen. (Dr.) Ochillo-Ayacko has said that it is in the best interest of this country that there should be some level of accountability from the Judiciary. We all agree that they are human beings. They can make mistakes and can be removed. Since we enacted our Constitution, 2010, we have had a Deputy Chief Justice removed through a Tribunal because of some transgression she committed. We have had a High Court Judge removed. On the other hand, we have had accusations that have gone for tribunal hearing, but the tribunal found the allegations unfounded and cleared the Judge to continue serving. My former teacher, Rtd. Justice Prof. Ojwang' went through a tribunal and was found not to have committed any ground that warranted his removal. That is how it should be. Any level of accountability against judges should not be whimsical, but based on the law. Sen. (Dr.) Ochillo-Ayacko, as we stand today, under Article 168, any Kenyan can file a petition before the JSC and seek the removal of any judge of either the High Court, the Court of Appeal or the Supreme Court on account of any misconduct. That is the accountability we are talking about because it is in the Constitution. What the Constitution says is that judges should enjoy security of tenure and for any Kenyan to want to remove them, there must be a basis and grounds. How do you have a situation where judges listen to cases daily, trying to enforce fair hearing in court, but themselves are not subjected to fair hearing? It is an untidy situation. Mr. Temporary Speaker, Sir, as I gear towards conclusion, I want to make a very strong appeal to the President. This long drawn fight with the Judiciary is very unhealthy. Sen. (Dr.) Ochillo-Ayacko has put it ably that there is some jurisprudence we should be reluctant to see come up because we respect the presidency. It is an act of honour, privilege and patriotism. Even if it is me and I am invited to go State House to be sworn in as a Judge, I want to see the President exercising that mandate because he is the President. However, if we allow this matter to escalate all the way to the Supreme Court and the Court finds that his role can be ceremonial; that if he does not appoint, then the Chief Justice can swear those judges, we would have done a big watering down of the Office of the President."
}