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{
    "id": 459783,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/459783/?format=api",
    "text_counter": 332,
    "type": "speech",
    "speaker_name": "Hon. Omulele",
    "speaker_title": "",
    "speaker": {
        "id": 2145,
        "legal_name": "Christopher Omulele",
        "slug": "christopher-omulele"
    },
    "content": "given a very clear mandate to perform and a role to play in this Republic of ours--- We have received a petition as Parliament that the members of the Commission have acted outside the mandate they have been given by the Constitution. In legalistic terms this is what is called “ ultra vires” . They say that this is going outside what they have been mandated to do. The ultra vires actions that they have involved themselves in have been clearly set out in this report. I have heard from a couple of my learned friends, who seem to be deviating from this report and saying that the matters that have been placed before this House are not of a serious nature. I stand here to say that there is no matter that can be more serious than alleged contravention of constitutional provisions. This is because Article 173 of the Constitution provides for the setting up of a Judicial Fund. This Fund, it is very clear from the provisions of that Article, shall be administered and managed by only the Chief Registrar of the Judiciary. Some of these Commissioners placed themselves in what they are calling a “sub-committee of the JSC,” which now places itself in a position superior to the Chief Registrar of the Judiciary and purport to direct and manage this Fund. This is a clear contravention of the clear provision of the Constitution. For this reason, the contravention and the evidence that has been placed before this House---These Commissioners must be investigated by a tribunal. The second issue, which we have all seen, is a contravention of Article 245 of the Constitution. Article 245 is very clear. We need to have an Inspector-General of the Police (IGP), who acts independently in the role that we have given him to investigate and prosecute criminals in this country. When a group of the JSC takes it upon itself to purport to direct the IGP as to how he will perform this constitutional duty, then, clearly, that is a contravention of the Constitution that warrants investigation by a tribunal. On those two grounds, I say that this is a good report that we must adopt. Thirdly, we have a clear contravention of the express provision of the Judicial Service Act, which also reinforces the provisions of the Constitution at Article 173 in providing that the Chief Registrar shall be the manager and administrator of the funds of the Judiciary, which are given to the Judiciary directly from the Consolidated Fund. This role of the Chief Registrar was confirmed by no lesser person than the Cabinet Secretary in charge of Finance. Despite the clear directions of the Cabinet Secretary that the Chief Registrar of the Judiciary should be the administrator and manager of this Fund, the Commissioners still continued their impunity of purporting to direct as to how the finances of the Judiciary shall be utilized. On this third ground, they must be investigated. As an Advocate of the High Court, I know how difficult it is to achieve the qualifications and certification of the Law Society of Kenya and the Chief Justice to become an Advocate of the High Court. When I look at the documents which have been placed before me, one of the Commissioners has not attained those qualifications, so that he can become an Advocate of the High Court. For him to become a Commissioner, he had to first of all, be an Advocate of the High Court of, at least, 15 years standing. This is the same qualification that the Judges of the Court of Appeal have. So, if the primary document that makes him an advocate is not there or was forged, as it is alleged in this report, it is only fair that this is a matter that is fit for investigation and for clearance by a tribunal. 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."
}