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"id": 459707,
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"type": "speech",
"speaker_name": "Hon. Kaluma",
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"speaker": {
"id": 1565,
"legal_name": "George Peter Opondo Kaluma",
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"content": "Court of Appeal, stated that the courts never interfere with the functions of Parliament--- In fact, it is stated that Kenyan courts lack jurisdiction to inquire into internal proceedings and the workings and functions of the Parliament. It has never happened before and it surprises me that the JSC, given an opportunity to converse with the leadership of the nation at the forum of Parliament, through a Parliamentary Committee, chooses not to come and goes elsewhere. This is the second time they are doing it. It would have been possible for the Committee to even listen to them and come up considerations that are different from our recommendations but they denied us that opportunity. How do we do it as Parliament? This is a Commission spitting in the face of the representatives of the people. I want to confirm that, really, we are not recommending their removal from office. Hon. Members have spoken about this and that not being right. I am even seeing tempers flaring. People are talking about their tribes, faiths and other things. May I refer to a document here; there is a letter written by a Commissioner to two judges dealing with a matter in which he is the claimant claiming money from a former client. He is, in fact, a very serious legal mind. When does an advocate, more so an advocate who is a party to a matter before court, write to judges directly? In fact, if you wanted the matter mentioned, you do a letter through the Deputy Registrar to mention the matter before the judges. That is why we are saying that the hold that some members of the JSC have on the Judiciary is worrying. In fact, those judges ought to have cited this particular Commissioner for contempt even in his capacity as an advocate. There is a letter written by one of the Commissioners to the Advocates Complaints Commission (ACC). Remember that the Commission is chaired by the Attorney-General of the Republic of Kenya. He has written telling him: “Please, Commissioner, there is a complaint against you. Can we have your response?” The following is what he said to the ACC, which is chaired by the Attorney- General: “You are at liberty to proceed as you wish.”"
}