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{
    "id": 33598,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/33598/?format=api",
    "text_counter": 354,
    "type": "speech",
    "speaker_name": "Mr. Mwau",
    "speaker_title": "",
    "speaker": {
        "id": 105,
        "legal_name": "John Harun Mwau",
        "slug": "harun-mwau"
    },
    "content": "Mr. Deputy Speaker, Sir, I would want to respond and say two things: One is what hon. Odhiambo-Mabona said about the President having discretion. I would want to state categorically that the President would have no discretion on the term of the members of the Judicial Service Commission (JSC). The term is constitutional. It is three years for the current JSC, and for the one in future it will be five years, and the President cannot reduce or extend it. Secondly, I would want to say that the Constitution itself provides that the current JSC will serve for a term of three years, and we are replacing a person who left having been appointed to serve for three years under Article 20(3)(d). So, it is there where we are struck. We have not moved to the particular--- Also the other officers like the judges of the High Court and those of the Court of Appeal are appointed. When we come to the substantive Article 171(2), then those people will be actually elected and not appointed. If we look at what is supposed to happen, under Article 20(3)(d), it is appointment. Under Article 171(2), it will be election. So, the Constitution creates completely different processes of appointing these people; I am saying that we are only---"
}