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{
    "id": 43792,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/43792/?format=api",
    "text_counter": 993,
    "type": "speech",
    "speaker_name": "Mr. Kioni",
    "speaker_title": "",
    "speaker": {
        "id": 49,
        "legal_name": "Jeremiah Ngayu Kioni",
        "slug": "jeremiah-kioni"
    },
    "content": "Mr. Chairman, Sir, as we look at this issue on the composition of this panel, it is important that we remain awake to the difficulties that we had in 2007 and before and how we got there. One of the accusations that were leveled was that nominations were done by an interested party. What we have in the proposed amendment by the Committee, by and large entrenches the same argument that we have been trying to run away from. We appreciate the desire to ensure that there is no stalemate when we talk about consultations, concurrence and all that we have tried to push for on this Floor. However, it is stated that two persons shall be appointed by the President - one a woman and one a man – and the other one by the Prime Minister. We have gone ahead to say that the Judicial Service Commission shall appoint one person, the KACC Advisory Board - one person and APSEA shall also appoint another person. It beats logic how the requirements of the Constitution or Article 254 will be fulfilled. This is because these appointments are being done by bodies that are independent of each other. How will they ensure that we have taken care of the provisions of Article 254 which say that the composition of the Commission shall reflect the regional and ethnic diversity of the people of Kenya? These persons are being appointed from different offices. We may end up with people from the same region serving in this panel and that will be the beginning of a disaster in this country. While the intention to spread this far and wide is good, if we have to go through this route, I propose an amendment which is that we allow the whole panel to be appointed by the Judicial Service Commission so that, at least, they can make sure that the requirements of the Constitution are fulfilled. Mr. Chairman, Sir, at the same time, we should remove the participation of a person who has an interest. This time we may be complaining about the Prime Minister because he is in office and he has an opportunity to run next year, but in 2017 there will be another person in office who will also be interested in running for another term. We will, therefore, continue with these problems unless we agree to remove the office of the presidency from this process. Mr. Chairman, Sir, I beg to move an amendment to this amendment:- THAT, Paragraph 1 of the First Schedule be further amended by deleting the words after the words “commencement of this Act” and substituting thereof with the words, “the Judicial Service Commission shall select a selection panel comprising of eight persons and a chairperson. The amendment that I want to propose on the amendment---"
}