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{
    "id": 1482208,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1482208/?format=api",
    "text_counter": 50,
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    "content": "33. Article 160 (1) of the Constitution provides that the Judiciary “shall be subject only to this Constitution and the law and shall not be subject to the control or direction of any person or authority.” Many international law instruments, treaties, and principles require the guarantee of the judiciary's independence and require all governmental and other institutions to respect and observe it. 34. In 2023, His Excellency Rigathi Gachagua, recklessly unmindful of the high calling and dignified status of the Office of the Deputy President of the Republic of Kenya and the need to respect, protect and uphold the independence of the Judiciary, made a scathing public attack against the Honourable Lady Justice Esther Maina, Judge of the High Court of Kenya, and falsely threatened to file a petition for the removal of the said Judge in gross violation of Article 160 (5) of the Constitution. 35. The Honourable Judge had presided over a case in which His Excellency Rigathi Gachagua was a party and had, in the lawful performance of her judicial function, ordered His Excellency Rigathi Gachagua to forfeit to the State the sum of KShs.200 million, which she had found to be proceeds of corruption and money laundering. 36. His Excellency Rigathi Gachagua’s public attacks against the Judge are impeachable offences to the extent that they undermine the functional and decisional independence of judges."
}