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{
    "id": 490811,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/490811/?format=api",
    "text_counter": 240,
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    "speaker_name": "",
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    "content": "us who have been involved in this process of Constitution making become very sad when we see some of the practices that were there in the past rearing their ugly heads. We know that one of the purposes for the reform of the Judiciary on which we pinned our great hopes was because the Judiciary, at that time, was not seen to be pro anti-corruption. As you know, we brought a number of cases to court and injunctions and applications from one court to another was the order of the day. I am saying this on the authority of the commission which looked into the Goldenberg scam. They said that the people behind Goldenberg had identified a weakness in the Judiciary to prolong cases adinfinitum . Therefore, we thought that through the reform of the Judiciary and the new Constitution, this will be a thing of the past. However, it appears to be rearing its ugly head again. We need to be reminded that one of the fundamental principles of the judicial function under Article 159(2)(c) is that; in exercising the judicial function, the purpose and principles of the Constitution shall be protected and promoted. Now, one of the purposes and principles of the Constitution is captured under Article 10. It is on national values and principles of good governance, transparency and accountability. Now, under the Constitution, the key institutions which are supposed to ensure that it happens, apart from the constitutional commissions, is Parliament; the National Assembly through the Public Accounts Committee (PAC) and the Senate through the Public Accounts and Investments Committee. Therefore, for somebody to stand in the way of that key function of the Constitution is to draw us backwards. I do support what Sen. Murungi said; that this whole concept of ex parte injunctions has been abused. This is an issue that has been there for a very long time. In fact, there was a time that we said that in the exceptional case that an ex parte i njunction is granted in those cases that have been outlined by the lawyer Senators here, the hearing takes place within 14 days and that never happened."
}