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{
    "id": 1521719,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1521719/?format=api",
    "text_counter": 279,
    "type": "speech",
    "speaker_name": "Sen. Cherarkey",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
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    "content": "days are more than sufficient. Let somebody be suspended from the office, for instance, a governor, but let us make it 90 days. Let them investigate and prosecute. Madam Temporary Speaker, the committee should have added that corruption cases must be heard and dispensed within two years. We know the backlog that there is in the courts of law. The fight against corruption cannot be won easily. You remember the former President. The current Cabinet Secretary (CS) said we lose Kshs2 billion through corruption. This is true. The Government has tried to streamline payment of services through E-Citizen. However, we are yet to see the benefit. If we are losing Kshs2 billion per day, it looks like we have domesticated corruption. We must be stringent on the fight against corruption. Therefore, 90 days should and must be applied, including to governors because they have executive powers. The cases should be heard and determined within two years. The Judiciary should take the lead. I know Judiciary is facing a lot of challenges at the moment. I have heard people saying we should have formed Judiciary ombudsman to listen to the complaints. However, I believe the Judicial Service Commission has powers to do so. In any case, we do not want juripesa. You saw the ruling on the Majority and Minority. It took two years for the court to determine. What was hard about it? Madam Temporary Speaker, in the last Session led by our Speaker Emeritus, Kenneth Makelo Lusaka and the then Deputy Speaker, who is the current Deputy President and yours truly was the Chairperson of the Senate Standing Committee on Justice, Legal Affairs and Human Rights. We did draft pleadings and moved to Milimani Law Court, before Justice Weldon Korir on 24 legislations passed without concurrence of the Senate by the National Assembly, including the health laws and yet health is devolved. Madam Temporary Speaker, can you believe the courts have never given a direction about such interventions up to today? That is why sometimes, the judiciary is not beyond criticism which is why we are telling them, to do their job and fasttrack these cases. We even have land cases that have stayed for 30 or even 40 years. That is why we are talking of backlog in the Judiciary and also to blame Parliament to some extent. If, for example, the Judiciary requests for Kshs40 billion and then we give them Kshs18 billion, or 20 billion. What are we saying? They do not have the capacity, ability or even human resources to dispense the cases. So even as we blame the Judiciary for slowing judgments, we must also as a Parliament blame ourselves. We have not allocated enough resources to the Judiciary to dispense of the cases. Clause 46 which is my second last point is on the liability question against the EACC, or person. I do not know why this question has not been answered by the committee. That sometimes the EACC officers or any other entity can act overzealous. Sometimes there can be private prosecutions. Where does it fall where they destroy property when they are arresting somebody? The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}