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{
    "id": 366299,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/366299/?format=api",
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    "content": "I would like also, on behalf of the Committee, to take this opportunity to thank the Members of the Committee who gave their time. They were indeed patient and sat and endured. At some point, we registered a record attendance of a full House of 29 Members of this Committee. The Committee also wishes to record its appreciation to the members of staff who are attached to this Committee for their effort and input that made the work of this Committee possible in producing this report. In the appointment process, the Committee, as I stated, held three meetings. We invited the Chairperson of the Vetting Board, Mr. Sharad Rao, who was accompanied by the Vice-Chairperson, Ms. Roselyn Odede and the Chief Executive Officer of the Board, Mr. Reuben Chirchir. The Vetting of Judges and Magistrates Act, 2011, gives effect to Section 23(1) of the Sixth Schedule of the Constitution, 2010. The statute provides mechanisms and procedures for the vetting of all judges and magistrates who were in office on the date of the promulgation of the new Constitution. The Judges and Magistrates Vetting Board is established under Section 6 of the Vetting and Judges Act, No.2 of 2011, which came into force on 22nd March, 2011, with the objective of vetting judges and magistrates in order to restore public confidence in the Judiciary. The inclusion of foreign judges in the Board was as a result of consultation with the stakeholders, particularly the Kenya Judges and Magistrates Association during the drafting of the legislation to enhance fairness and transparency in the vetting process. The process of appointment of the non-Kenyan members, namely, the foreign judges, is a consultative process and it took quite a long time to conclude. Unlike the local members of the Vetting Board who are appointed through a competitive process, the foreign judges were appointed through a consultative process within the Government itself and also the Commonwealth Secretariat, the African Union and the Panel of Eminent Persons. Through this process, three eminent judges from the Commonwealth were nominated and presented to Parliament for approval before formal appointment. This process has taken quite a long time. The process of vetting was suspended because the three foreign judges who were sitting in this Board left because their term expired. The one-year contract expired and they did not wish to renew because they had given time to the Vetting Board and it had been indicated that they are going to be there for one year. Since their time had expired, it was incumbent upon the Government to source for three other new judges. As I speak today, the Vetting Board is not doing any business except house- keeping. It is not proceeding with the vetting process because it is not properly constituted for lack of the three foreign judges who are expected to sit on this Board at any one time as required by the law. The vetting of magistrates cannot, therefore, proceed in the absent of these judges. On the process of appointment, when the three non-Kenyan"
}