Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1482591,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1482591/?format=api",
    "text_counter": 433,
    "type": "speech",
    "speaker_name": "Hon. Rigathi Gachagua",
    "speaker_title": "His Excellency the Deputy President",
    "speaker": {
        "id": 13428,
        "legal_name": "Rigathi Gachagua",
        "slug": "rigathi-gachagua"
    },
    "content": "provides that a judge cannot be found liable in a Court of Law for actions taken in good faith in lawful performance of their work. This provision is not a bar on freedom of expression guaranteed under Article 33 of the Constitution, nor a bar of the right to seek redress for legal wrongs simply because a wrong is committed by a judge. There exist multiple legal fora in which to take action against a Judge for any actions that are not lawful. My statements were protected speech consequent to a decision by the learned Judge in a matter involving my personal assets which I disagreed with, and found to be wholly unfair. The matter having been concluded at that stage; my criticism of the decision was not sub judice nor in any other manner prohibited by law. While I respected the ruling of the learned Judge, I was in absolute disagreement with it. Contrary to the assertions in the Special Motion, I did not falsely threaten to bring action against her. I took actual legal action that is available to every citizen of Kenya under Article 168(2) of the Constitution, which allows any person to petition the Judicial Service Commission for the removal of any judge. I filed a legal complaint before the Judicial Service Commission (JSC) in March 2024. The complaint being live before the JSC, the discussion of the conduct of the learned Judge in the said matter here would be sub judice . A copy of the complaint is annexed herewith and marked as annexture RG 24. Hon. Speaker, I have been accused of diverting materials that were meant for the construction of the Kilifi- Malindi Highway to tarmac a private road to Vipingo Beach Resort. I reiterate that Vipingo Beach Resort is registered in the name of the estate of my late brother, Hon. James Nderitu Gachagua and, hence, is not my property. The facts are as follows: King Charles III visited Kenya between 30th October 2023 and 3rd November, 2024. During his State visit, one of the designated places where King Charles III was to visit was Kuruwitu Marine Conservancy which shares a road with Vipingo Beach Resort. I have annexed a copy of the Programme for the State Visit to Kenya by King Charles III marked as Annexture RG 25, which is at page 13 on item 63 and 64. It shows his arrival and departure at Kuruwitu Marine Conservancy. There are several media reports confirming the visit by King Charles III to Kuruwitu Marine Conservancy. I have annexed extracts of the media reports by the Star Newspaper dated 7th November 2023 and by Africa News marked as Annexure RG 26. My understanding is that the road to Kuruwitu Marine Conservancy was upgraded in respect of that visit; which would also be of benefit to the local community including amenities like Shariani Secondary School, Shariani Primary school, a Mosque and a public market as part of the social corporate responsibility. I wish to point out that the alleged road is Takaungu-Shariani-Vipingo which is a public road and not a private road leading to any property that is associated with the Deputy President. I have been accused of undermining the President and the Cabinet by allegedly making contradictory public statements from the position taken by the Cabinet regarding the evacuation of the people residing along the Nairobi River. My response on this, Hon. Speaker, is that Article 147 (1) of the Constitution provides that: The Deputy President shall be the principal assistant of the President and shall deputise the President in the execution of the President’s functions. Article 28 states: That every person has inherent dignity and the right to have that dignity respected and protected. Article 29(c) states that: Every person has the right to freedom and security of the person, which includes the right not to be subjected to— (c) any form of violence from either public or private sources. Section 152G (1) of the Land Act states that: The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}