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"speaker_name": "Mr. Mwau",
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"content": "Thank you Mr. Deputy Speaker, Sir. Hon. Assistant Minister, I am trying to say that to appoint or replace a person like Dr. Kobia he needs to appoint him under Article 20(3). It is the President who has power under Article 20(3)(d) of the Constitution. That is the process upon which all other members of the current Commission were appointed. I am pointing out that we cannot jump from Article 20(3)(d) where the lifespan of the Judicial Service Commission is specifically stated as three years, and we move to Article 171(2), whose process is completely different. The power of the President, under 171(2)(h) only empowers him to appoint one man and one woman. So, if he is going to exercise his powers under Article 171(2)(h), he must appoint one man and one woman or one woman and one man. However, under the transitional clauses, Section 20 only requires one and not two."
}