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{
    "id": 1122177,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1122177/?format=api",
    "text_counter": 310,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "with is to say for the heads of the institution, the Chief Justice and the Deputy Chief Justice, we would allow the National Assembly to vet the nominees. Mr. Temporary Speaker, Sir, that is the only window that was given to the political class. So, what was the intention of the people of Kenya? If you read the Bomas Draft Constitution, it was that we should draw a demarcation line on the institution of the judiciary and executive and make judiciary an independent institution. If you read the Committee of Experts Report, it is the same thinking. That we should draw a line on what the executive should be able to do and what the judiciary should do. That is not just in Kenya. If you go to other progressive jurisdictions, the same reforms have taken place. Mr. Temporary Speaker, Sir, if you go to England, they have even become more radical than us and those were our colonial masters. The chairperson of a body that recommends appointment of judges is a layperson. The executive plays no role; it is liberal and has become very progressive. They advertise the vacancies, people apply and you are interviewed. For the position of a judge, you are going to serve the public. Look at history. Presidents will come and go but the judges will remain. When the founding father of this great country called United States of America (USA) George Washington appointed the first Chief Justice, he did not appoint him to serve him. He appointed him to serve the country. The first Supreme Court Judge, who was taken to the Senate for impeachment Samuel Chase, was appointed by George Washington. The President who wanted to have him removed was Thomas Jefferson long after George Washington had left office. Mr. Temporary Speaker, Sir, what point am I making? That let us look at the institution called judiciary as an institution that is there for posterity. It serves generations. It is not there to serve one President. It is not there to serve a political party that is in power at that given time. The Judiciary is there to serve for posterity. In the USA, the Supreme Court judges serve for life. You would find that the Judge, like Chief Justice William Waller, was appointed by Ronald Reagan in 1980 and served for 24 years. That was so long after Reagan had left office and he has continued being the Chief Justice. The judges who were picked by the federalist President John Adams like Marshall, the 4th Chief Justice of the USA served long after Adams had left office. In fact, Adams appointed him towards the tail-end of his tenure in office because he only served one term. Mr. Temporary Speaker, Sir, therefore, what we are saying, as a Committee, is that an institution of this importance called the Judiciary should not be allowed to serve at the mercy of the Executive."
}