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"content": "(Mr. Kenneth): Madam Temporary Deputy Speaker, thank you for giving me an opportunity to contribute to a very important Bill whose principles have been very well articulated by the Mover. I think it is important that we support what the intentions are. As I have often said, good intentions have no place in the balance sheet. It is, therefore, important that we analyse this, so that we do not become party to making mistakes as a House in just passing the Bill whose intentions were good, but whose implementation becomes poor. The reality is that whenever we have attempted, and many times we have stood and said that we have problems in the Judiciary, however, we have not gone down to the root of what causes the problems. We merely assumed it was simply the magistrates and judges. However, there are many other reasons as to why justice is denied. We have not provided for the tools of trade. Madam Temporary Deputy Speaker, before I move to that, going back to 2003 when we were told there was a radical surgery, which I am not so sure that the then Minister for Justice and Constitutional Affairs was able to evaluate and know whether, although the intensions were good, it achieved anything. What we are passing here as a vetting Bill will amount to another radical surgery. Therefore, we must be very careful to make sure we are not in the same position after passing this Bill as we have been from the time the radical surgery was carried out. Looking at the Bill, I think I have said very openly that we must have a Bill that will ensure Kenyans do not become part of a circus between the principals. If you look at Clause 7, my colleagues have said the word âconsultationâ is not clear. We must ensure that the kind of circus that we have seen does not befall Kenyans again. I think it is important that this House eliminates any opportunity that can create that circus. We do not want the House to remain a rubberstamp of something that will cause more confusion as we try to drive the country forward. Therefore, I want to appeal to Mr. Mutula Kilonzo that Clause 7, and everywhere where this word, âconsultationâ appears, needs clarity. We need to know as we move on who calls the shots. This is because even when both have all discussed something, they have still brought it to the House. Therefore, it is important that there is clarity and we know how to move forward. Madam Temporary Deputy Speaker, I am also very uncomfortable with Clause 14. I think many of my colleagues have alluded to Clause 14. We want to come up with a process, but you will not be able to achieve that process if Clause 14 remains as it is today. It means names can come and somebody else can infiltrate the names that have been given by the Public Service Commission (PSC) and add more names. In this case, the process will have been abused. I think the Minister will agree with me that the biggest problem in such clauses is in the level of discretion left to a few individuals and then you start questioning that level of discretion. Therefore, it is very important that even as we support this Bill that, probably, at the Committee Stage, the Minister for Justice, National Cohesion and Constitutional Affairs comes up with amendments that will ensure that discretion is not abused. Madam Temporary Deputy Speaker, the composition of the Board is the process we are trying to discuss, and will end up voting for here; it must produce men and women of integrity who are acceptable, not just to the institution of Parliament, or the two principals, but also to Kenyans at large. If you look at the powers under Clause 22, and even after reviewing the powers under Clause 31, it means that Board will have the final say. We must not put in place a Board that will justify, cause impunity or do what the radical surgery did, when people were left feeling that whatever was meant to be right was not done. So, we must be very careful that the Board we are creating will not only ensure that the Judiciary will be credible, but also that it will be made up of members who will be credible, and who will instil confidence in Kenyans by the decisions that they make. Under Clauses 22 and 31, they will have the final say; their determination will be final. The other point that I want to raise is that even when we discuss and approve this Bill, we must also take into cognizance factors that have failed our Judiciary. It has not just been in appointments. That is why I said that I will refer to tools of trade to the stations to which we expect justice to be dispensed. We must move as a Parliament that extra step to ensure that the Judiciary has the right tools of trade to ensure that they are able to dispense with justice."
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