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"id": 42308,
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"type": "speech",
"speaker_name": "Mr. Baiya",
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"speaker": {
"id": 8,
"legal_name": "Peter Njoroge Baiya",
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"content": "Bill did not have the benefit or input of the Departmental Committee on Justice and Legal Affairs for reasons that are in public domain. The Supreme Court Bill is helpful. It helps the country to establish the legal infrastructural framework for the operation of the Supreme Court. It is also important to point out that it is not just the Bill that is necessary. Even the process and the other steps that are needed to make that court functional will be equally important. That includes the process of appointing the Chief Justice, the Deputy Chief Justice and also the Supreme Court Judges. If the court does not have the requisite independence as an institution so that it can freely arbitrate between the Executive and other State organs, it may not be able to achieve its goal. We hope that the other prayers will also facilitate to ensure that all those other actions to be undertaken as we pursue the implementation of the Constitution are done as they ought to be, so that Kenyans can have a Supreme Court that the Constitution has promised. It will be functional and it will exercise all the various rights envisaged within the Constitution. We will then still look forward to the process of appointing the Chief Justice and judges to the Supreme Court. All those processes will have a direct impact and relevance as far as the operations of the Supreme Court are concerned. We call upon all the key players to bear in mind the high principles and spirit enshrined in the Constitution so that, even as we have our problems and differences, we can anchor our solutions to the constitutional principles which we also expect the Supreme Court to become the custodian. The Supreme Court should ensure that we achieve that. It is true that the principles of constitutionalism can never have their place, merely, in the statute books no matter how good they may be drafted, if the key players in the Government be they politicians or other leaders, do not embrace the culture. If they do not embrace the principles of integrity and so on, they will always have a way of frustrating the process. We look forward to seeing a leadership in the Judiciary that will not only embrace these values, but also a political system that will not be out to frustrate that kind of spirit. If that happens, we will still be compromising the achievements of the Supreme Court. With those few remarks, I beg to support."
}