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{
    "id": 1490450,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1490450/?format=api",
    "text_counter": 263,
    "type": "speech",
    "speaker_name": "Sen. Methu",
    "speaker_title": "",
    "speaker": {
        "id": 13581,
        "legal_name": "Methu John Muhia",
        "slug": "methu-john-muhia"
    },
    "content": "must ensure that we remove all the players; either through nomination by the Cabinet Secretary, CoG or any player, so that the Tribunal can be independent. It is the same case for the House Business Tribunal, Rent Business Tribunal, and all the other tribunals that have been formed in law. It is a preserve of the Judiciary to nominate the people who should sit there. To make it easier, it is like parties being allowed to nominate judges who shall be hearing their matters. It will be very difficult. If I was allowed to nominate a judge in the matter that is before court this afternoon, then they would be very biased because I am party to the proceedings. The Water Tribunal, as proposed in the Bill, is under the Water Act and hears disputes related to the implementation of the Water Act. This Tribunal itself is meant to address all the disputes that would come. If there is a dispute on tariffs that have been set by WASREB, they are supposed to be heard by this Tribunal. If the parties agree, they can go to the superior courts. However, if then they are meant to hear these disputes emanating from the Water Act, then all the players that have been mentioned in this Water Act should be kept away from the Tribunal, so that it can be independent. As an arbiter, it is prudent that the membership of the Tribunal remains as neutral as possible. Madam Temporary Speaker, as I move because that shall be my last clause, I want to thank the Members of the Committee. It is important to note that the Committee that I Chair has been dealing with three mediations at a go during a week that was very difficult. There was the week that was before the two impeachments that we had, and the week we had the impeachments. Madam Temporary Speaker, we had mediation on this Water Act and there is one that is coming up on the National Rating Bill. We also had the final one on the Sen. Mungatana’s Bill; the Natural Resources (Benefit Sharing) Bill which the Committee is dealing with. I therefore thank Members of the Committee for committing a lot of their time to deal with these pieces of legislation. With those remarks, I invite the Senator for Nandi to second this Motion. I thank you, Madam Temporary Speaker."
}