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"speaker_name": "Hon. Aluoch",
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"content": "Hon. Speaker, from the outset I want to say that I have had the honour and privilege of serving in the Departmental Committee on Justice and Legal Affairs of the 10th Parliament and now in this 11th Parliament. I want to say with courage that on the report we are discussing, I have recorded my dissent. Hon. Speaker, I agree with you totally in what you have clearly set out as the position of the Judiciary vis-à-vis the Judicial Service Commission. In fact, the failure of the Commissioners to attend before the Committee on more than one occasion--- They were asked repeatedly but they refused to come. I can see from the mood of the House that has incensed the Members, and rightly so. This has incensed the Members to the extent that a lot of what we are discussing this afternoon will be hinged on that. I want to urge my colleagues to remember that as much as it was very bad on the part of the commissioners not to attend, failure to attend is not one of the grounds in the petition. You need to understand that. Action ought to have been taken against those commissioners for failing to honour the summons. Secondly, I agree with you that, indeed, the courts cannot gag Parliament. I have a lot of respect for Justice Odunga; he has a very clear mind, but I think he has been subjugated by the JSC to the extent that he issued the orders that he issued. We cannot obey those orders because they are clearly unconstitutional and illegal. Having said that, I want to go on record as giving my opinion not based on what is popular, but on what is constitutional. Yesterday, I raised an issue which I expected that you were going to give a ruling on, or my learned friend, hon. Chepkong’a, the 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."
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