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"id": 459710,
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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": "cheques, adding to millions of shillings, being shared. Is that not a breach of the provisions of the Advocates Act? What does Article 251 mean when it says “serious violation of the Constitution or other law”? The Commissioner, who is a serious lawyer of about 50 years of age and former Company Secretary of the National Bank comes and says that a Commissioner ought to hand over confidential material – in fact, confidential communication between the advocate and the bank. It is the confidential material being sent to the judges directly by the Commissioner, in the letter I referred to. He says: “I lodged a complaint when this happened.” Do you know that the Commissioner confirmed appearing on television and saying, when asked whether he would seek renewal of his term: “Within a week, the Judges disciplinary action is going to be withdrawn.” In that same week, that Kenyan was removed as the Company Secretary of that company. Where would that Kenyan go, if we said: “The Judiciary is not for us to protect?” So, there is a litany of issues. In terms of finances, the provisions of the Constitution require this House to provide every Commission established, under Chapter 15 of the Constitution, with sufficient funds. I do not know whether the JSC sought a budget from us but I think they are confusing the money that we should be giving them for their operations with the money running the Judiciary. I want to remind this House that the former Chief Registrar of the Judiciary sought to appear before us, as a Committee, but we declined. We did not want to muddle what appeared to be disagreements between them. We wanted to consider the issues very impartially. Let us not look at the Chief Registrar of the Judiciary as Madam Gladys Shollei. We are looking at the quasi powers of the Office of the Chief Registrar and the quasi powers of the JSC and saying that there is no interface. Hon. Speaker, the Leader of Majority Party said something very important yesterday. We need to stand for law and principle. The Speaker has given directions. There is a misconception out there that Parliament has some bone to pick with the Judiciary. The Judiciary is defined, beginning Article 159 of the Constitution. The JSC is not the Judiciary. In any event, it is not that if we resolve to support this Motion, we are going to remove these gentlemen from office. They refused to appear before us. The President will establish a tribunal and they will appear before that tribunal. That is what the rule of law is about. The tribunal, in their wisdom, will either find them culpable or release them. In any event, they do not have to be suspended. The Constitution is also clear on that bit. We are saying, for those Kenyans with these pertinent grievances, let them be dealt with. In conclusion, let me say that there is a constant complaint of incompetence against one Commissioner. This is a very intelligent member of the JSC – Commissioner Abdullahi, whom as I told you, taught me; but the law requires that in order for you to be advocate, there are processes that you go through. This is something that has gone to the disciplinary committee. It is a matter which has gone to court. If it cannot be resolved so that my brother, Ahmednassir is given an opportunity to confirm that he is the intelligent advocate that he is, are we being fair to him, as Kenyans? If we cannot give the Kenyans who are saying that this guy is not a qualified advocate a forum to ventilate on this matter in good faith, are we being fair to those Kenyans? So, in fairness to these Commissioners and in fairness to all of them, let the truth be established through the due process."
}