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{
    "id": 459605,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/459605/?format=api",
    "text_counter": 154,
    "type": "speech",
    "speaker_name": "Hon. Waiganjo",
    "speaker_title": "",
    "speaker": {
        "id": 2644,
        "legal_name": "John Muriithi Waiganjo",
        "slug": "john-muriithi-waiganjo"
    },
    "content": "therefore, we must do what we are required to do. Yesterday, we censured a Cabinet Secretary. Today, we are on a task to censure a constitutional commission. We shall not get away from such responsibilities. Perhaps, it is important to look at the office of the JSC. The membership of the JSC, for the Members’ information is headed by none other than the Chief Justice of the Republic of Kenya; the President of the Supreme Court, as its Chairman. There is a member who is a Judge of the Supreme Court, elected by the Judges of the Supreme Court. Then it has a Judge of the Court of Appeal. So, hon. Members can see the calibre of the leadership of the Judicial Service Commission (JSC). It comprises of a Judge of the Court of Appeal, who is elected by the Appellate Judges; a Judge of the High Court and a Magistrate, who are elected by the Association of Judges and Magistrates; the Attorney-General, two Advocates of the High Court of Kenya and a member of the Public Service Commission. So, the membership of the JSC comprises of high calibre personalities with high moral integrity. In order for those individuals to become members of the JSC, they went through baptism of fire. It is not easy. The public holds the JSC in very high esteem. When you are held in such esteem, members of the public must also have their eyes on you because you are answerable to the people of Kenya. Therefore, you must be beyond reproach. Hon. Speaker, the members of the JSC were given an opportunity to explain themselves. The documents were handed over to them. We said to them: “Look at the petition. Do you have anything to say? You do not even need to appear before our Commission. Prepare written submissions, so that we can look at them. If we find that there are no grounds, we shall report to the plenary of the House. If we find that there is something untoward, we will do the same.” They refused. They did not appear. They sent Counsel but we could not listen to Counsel because the matters are personal to them. So, they have a great responsibility. They are held in very high esteem but they refused to come. So, what happens? We had a job to do. We had been given these reports to look at. Article 172 of the Constitution enumerates the functions of the JSC. Their functions are commensurate to their calibre. What the JSC can do to the Judiciary is unimaginable. That is why we chose very carefully while picking them to serve as members of the JSC. They are seized with the responsibility of recommending to the President of the Republic of Kenya on appointment of judges. Every judge must go through the JSC. That is the membership of the Judiciary that we are discussing here today. Those are the men and women who sit in judgment of judges – our learned Judges of the High Court and the Supreme Court as well as Magistrates. Hon. Speaker, another function of the JSC is that they can recommend the removal of those judges. Therefore, we must have people in the JSC, who are beyond reproach. If one can recommend the removal of a judge from office, then what are we talking about? They discipline court registrars everywhere in the Republic of Kenya. They even sack them. Of course, they sacked the Chief Registrar of the High Court only the other day. However, that is not the reason for this report. This report is premised on the petition of the citizens of the Republic of Kenya. So, these are people who look at the programmes of the Judiciary. So, these are people of high calibre, who have onerous responsibilities and functions. Of course, they did not want to come to the National Assembly, not to be cross-examined or interrogated The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}