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{
    "id": 241674,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/241674/?format=api",
    "text_counter": 287,
    "type": "speech",
    "speaker_name": "Mr. Ochilo-Ayacko",
    "speaker_title": "",
    "speaker": {
        "id": 347,
        "legal_name": "Ochilo George Mbogo Ayacko",
        "slug": "ochilo-ayacko"
    },
    "content": "Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me an opportunity to contribute to this very important Bill. July 20, 2006 PARLIAMENTARY DEBATES 2285 There is a saying that goes that the devil is in the details. This Bill proposes to make several amendments to existing statutes and legislations. I would like to say that there are tiny devils in the details that hon. Members are going to deliberate on. In fact, it would have been my wish that many hon. Members were seated and active in debating this Bill, because, the passage of this Bill, if hon. Members are not aware, may catch them unawares and may occasion injury and suffering to the people we purport to represent. Mr. Temporary Deputy Speaker, Sir, the first one that is sought to be amended is the National Assembly and Presidential Elections Act. As correctly captured by Senior Counsel, Mr. M. Kilonzo, it must be quite clear what is meant by service. It must not be left discretionary to any other entity; otherwise, this can be a fertile area for abuse. So, it is important to define what due diligence is. It is also important to capture, in very clear terms, what concerted effort at serving a person is; otherwise, this will be a fertile ground for abuse. I know that the general mischief that is intended for cure is the fact that certain persons make it impossible to serve them by imposing barriers which could make the police use force, and other forms of barriers like taking cover under the Protected and Restricted Areas Act, so that you cannot serve them. But this should not be used to make things spurious, so that a person can claim that he has served another by doing an act that is demeaning. I also want to talk about the Judicature Act. The Judicature Act is proposed to be amended to increase the number of judges, the puisne judges and judges of appeal. That is a noble idea. My intention this evening is not to talk about statistics. My intention is this; when we were under the KANU administration we complained time and again that most judges were hand-picked from cronies of politicians. We complained time and again that there was ethnic imbalance in picking judges. We complained time and again that there was incompetence in terms of want in merit and the choices of persons who were being appointed as judges. It is good that the Attorney-General has proposed these amendments. But in the proposed amendments, nothing is being said about how professionalism will be protected, how gender parity will be achieved, and how cultural and social diversity will be taken on board. It is important to note that this country belongs to everybody who has nowhere else to go. It is important to note that every person of that description, and who has the qualification to be a judge, has a right to be appointed a judge. So, it is, first, important to enjoin, pursuant to Section 61(2) of the Constitution---"
}