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{
    "id": 588618,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588618/?format=api",
    "text_counter": 69,
    "type": "speech",
    "speaker_name": "Hon. Kang’ata",
    "speaker_title": "",
    "speaker": {
        "id": 1826,
        "legal_name": "Irungu Kang'ata",
        "slug": "irungu-kangata"
    },
    "content": "Respect the religious views of the majority of Kenyans and respect the culture of the majority of Kenyans. Otherwise, we may reach a situation, where we will see judgments coming from the High Court where you can as well bring things like euthanasia and abortion without any restriction. We are, for instance, going to see a judge allowing people to smoke or use drugs like they have done in other jurisdictions. We are treading on dangerous grounds. We are now going to the era of neo-colonialism that has been brought through the undemocratic arena of the courts. Unless we the Parliamentarians who have the people’s mandate, use this law to ensure that such ideas do not come, we shall have taken this country to the dogs. I have no problem if those ideas were to come through the people, that is, if it is through a referendum. I saw that Ireland, with a renown catholic country voting for gay rights. That can make sense but I am opposed to two or three judges sitting in Milimani Courts and allowing gays to come here and make love to our boys. I disagree with that. To that extent, we must use this law to check those people. Another area we must check using this law, is a situation where you find a judge who is a generalist judge. He does not have expertise in that issue. Let us say, for instance, it is an economic dispute. When you take an economic dispute, in my own assessment, I would imagine a person who is presiding over such a matter ought to have learnt some little economics. We, therefore, need to come up to a situation where we give the Chief Justice the power when he is doing the assignment of judges or even the JSC, they take into account whether that person is trained in that area. If, for instance, we have matters relating to labour, do you have a post- graduate course or a Masters Degree in labour matters? We all know that tax law is a very complicated area. Is that judge who is handling such a matter trained in economic matters or in tax law matters? Otherwise, you will find a situation where people are taking matters before a judge who does not understand that area, and he is not humble enough to get expert evidence on that subject. He may, therefore, give a judgment which has grave repercussions for this country because of lack of knowledge. With those few remarks, I will bring in some amendments to ensure that one, our African culture is retained. Two, to ensure that expertise is also taken into account as matters are being assigned to specific judges."
}