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{
    "id": 52395,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/52395/?format=api",
    "text_counter": 344,
    "type": "speech",
    "speaker_name": "Mr. Mbadi",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, I am willing to substantiate that the Members of this Committee have failed to behave in the manner we had expected them to behave. The membership of this Committee has admitted in this House that the Committee has failed to function. What other substantiation would the Chair of that very Committee expect from an hon. Member like me? I have done as much as you would have wanted me to do. Mr. Temporary Deputy Speaker, Sir, let me now go to the issues that I feel are critical, and which have not been addressed properly. We did agree in Naivasha that this is a very important Commission. We looked at the practice, traditions and customs elsewhere. Examples were given of South Africa, Ghana and Brazil, and even of this country, which show that the Chair of this Commission must be someone who is qualified to occupy the office of Judge of the Supreme Court, because that is the highest court we have in this country. I do not know at what stage this provision was changed to someone who is qualified to be appointed a judge of a superior court. We all know that there is a difference between “superior court” and “Supreme Court” as defined in our Constitution. “Superior courts” include the Supreme Court, the Court of Appeal, the High Court and the courts that are mentioned in Article 162. Therefore, we have lowered the qualification of the Chairman of this Commission. I find that there is no justification. There is an example in Brazil of the Justice of the Supreme Federal Court, who chairs this Commission. That is an issue that needs to be looked into."
}