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"speaker_name": "Hon. Oyugi",
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"speaker": {
"id": 444,
"legal_name": "Augostinho Neto Oyugi",
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"content": "Thank you very much. Hon. Speaker, I will be very considerate because I know many Members want to speak to this matter. The acts of JSC as presented before us, let us not create people who are above the law. This is because the law does not anticipate that. Even the members of the Judiciary can be removed. So, there is nothing that stops us from removing Commissioners of the JSC especially if they are in violation of the Constitution in the manner that was manifest in the petition presented before our Committee. This has nothing to do with the removal of the Chief Registrar of the Judiciary. These things are totally distinct. There is nothing to do with the removal of the Chief Registrar. I know a few people will be speaking to that. I am alluding to it because I know for a fact that the Chairman of my Committee has been under siege for several other reasons. Some people think that because the Chief Registrar is, perhaps, a member of his clan or community--- I think that is improper. What we are dealing with are grounds of violation. This House set precedent yesterday and we warned you. I remember my friend hon. Okoth told you that once you start treading on constitutional violations, we have to use the same measures and standards. You cannot be using constitutional standards on one side and then refuse to use them on the other side. That is a principle of the rule of law. The rule of law simply states that the law must cut across for everyone and equally unless there are people who are more special or more superior. If we want to set such precedent in this House, then people will engage in constitutional violations. So, whether it is the President, the Speaker of the National Assembly, the Leader of Majority Party, the Leader of the Minority Party and so on, they must be shown that constitutional violations cannot be entertained If the Parliamentary Service Commission, which you honorably Chair, can submit to Committees of Parliament then who is the JSC not to submit to the Committees of Parliament? The JSC cannot come to the courts of equity with clean hands and it is because we gave them a fair chance to state their issues and argue their case; they failed to do that. We request this House to support the findings of this Committee. We are not witch-hunting. The facts speak for themselves. Whether it is illegal or not, it will be subject of a tribunal which the President has to select. That tribunal will be dealing with the illegalities. It is, therefore, for this House to see whether they committed offences."
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