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"speaker_name": "Mr. Mungatana",
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"legal_name": "Danson Buya Mungatana",
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"content": "Madam Temporary Deputy Speaker, Sir, my third point is in relation to Clause 18(2(e). They set out what the procedures should be and they went out to talk a lot about what is expected of them. They said:- âIn considering the matters set out in subclause 1(a), 1 (b) ---â That is making the relevant consideration in the vetting. It talked about the professional competence, the written/oral communication and all these good things. But I have a problem with (e) where they are saying that when they are vetting these judges, they need to look at the temperaments of the judges. What is this? The elements of which should include, a demonstrable possession of compassion and humility. So what happens when these people who have murdered and raped? Do you want all the judges to be compassionate, demonstrable humility, courtesy of civility in dealing with others, etcetera? What is this when you have mad men coming before you in the criminal courts? I have practiced in those courts. We need mad judges to deal with mad people who come to those courts. I will be proposing that this provision goes. We do not need it. In the first place, what kind of test are you going to put so that you can determine my temperament? Are you going to put me under a psychological test? I have to show ability to maintain composure under stress. What is the Board going to do? Is it going to put these people on heat? I think this is a ridiculous thing that can be used to remove competent judges and we must remove it from the law. So, I will be proposing that this must be deleted in whole. It does not make sense to me and many right thinking Kenyans."
}