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{
    "id": 590798,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590798/?format=api",
    "text_counter": 98,
    "type": "speech",
    "speaker_name": "Hon. Waiganjo",
    "speaker_title": "",
    "speaker": {
        "id": 2644,
        "legal_name": "John Muriithi Waiganjo",
        "slug": "john-muriithi-waiganjo"
    },
    "content": "when the Judiciary is undergoing tremendous restructuring. The Judiciary is in a campaign mood. One member of the Judicial Service Commission (JSC) will retire this month. Therefore, the JSC needs to get one member. Considering the role that the JSC serves in our Judiciary, it is time that we really have our eyes on it because the Supreme Court of the Republic of Kenya will also be reconstituted after the Chief Justice proceeds for retirement sometime in June next year. The Deputy Chief Justice, Ms. Kaplana Rawal and Justice Tunoi will also proceed for their retirement. That, therefore, means that the Supreme Court of the Republic of Kenya is going to have changes in that three members, which is almost half of that bench, will proceed for retirement at a time when elections will be held in 2017. This is the court that presides over the petitions for elections of the President of the Republic of Kenya. It, therefore, means that these constitutional Bills that are coming to restructure and give proper administration to the Magistrates’ Courts, the High Court and the Court of Appeal, which we are debating now, are crucial in two ways. The guiding principle in Clause 3 of this Bill talks about Articles 10, 159 and 231(1)(e) and (f) of the Constitution. This specific Bill states that this Court of Appeal will have at least a president and 12 judges. It proceeds in Article 164(3) of the Constitution to give the jurisdiction of the Court of Appeal but, the Chief Justice is the one to determine the stations of this court. This court will be presided over by a judge who shall be in charge of the station but will be assisted by a Deputy Registrar of that court. The Bill also proposes, as that of the High Court, that the Court of Appeal also does have divisions like the commercial division, family division, criminal division and any other division of that court that will assist in the dispensation of justice. This Bill also gives the rank and file of the judges of the Court of Appeal all the way from the president and the others depending on their time of appointment. It is an important Bill in that it also provides for the election of the president of the Court of Appeal. Here is an opportunity for the judges of the Court of Appeal to elect one of them to lead the court but, the Chief Justice is the one to make rules on how these elections shall be done."
}