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{
    "id": 166509,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/166509/?format=api",
    "text_counter": 300,
    "type": "speech",
    "speaker_name": "Mr. M. Kilonzo",
    "speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
    "speaker": {
        "id": 47,
        "legal_name": "Mutula Kilonzo",
        "slug": "mutula-kilonzo"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, Mr. Mbadi supported with reservations, just because of Clause 9(14) and Clause 12(6). I want to assure him that we will modify this Bill so that it reflects the thinking of the country; not the thinking of the Minister or even the Commission on the Implementation of the Constitution (CIC). We want to accommodate the thinking of the country as it has emerged in this debate. For Mr. Kenneth, I want to thank him and assure him that I will never participate in the sort of radical surgery that occurred in 2003 and onwards; the Ringera thing. That is because I acted for a number of judges who, although reinstated in the Judiciary, are still suffering because of the processes they went through. We will not allow a circus! Again, we will discuss with the Committee responsible to see whether we can seek an acceptable approach to the use of the words: Consultation, vetting procedures, stable people and qualifications. Mr. Mungatana should feel confident that I will not, during my watch, allow a process whereby Kenyans are ignored. But I want to remind the country of the reason why we have put this - and the CIC has accepted this idea of three judges coming from outside. Allow me to mention, with respect to the country, that Judge Kriegler was a foreigner from South Africa. His Excellency Kofi Annan was from Ghana. As a matter of fact, Safaricom, the largest corporation now in East and Central Africa has been headed by a non-Kenyan. If you look at the Committee of Experts (CoE), we had three non- Kenyans, wonderful people; one from South Africa, one from Uganda and one from Zambia. The Truth, Justice and Reconciliation Commission (TJRC) also has three non- Kenyans. Huge companies like Breweries and others have the benefit of international practice. Again, as the House waits for the Third Reading of this Bill, I want to draw the attention of the House, so that it can appreciate the following: It is not that I have any problem at all in recognizing the presence of Kenyans, Clause 5 of the Bill at Page 4 says that in the exercise of its powers or the performance of its functions under this Act, the Board shall, at all times, be guided by the principles and standards of judicial independence – those are the ones I mentioned. I will elaborate on them tomorrow. I mean the Bangalore Principles of Judicial Conduct. It also says natural justice and international best practice."
}