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"id": 590799,
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"type": "speech",
"speaker_name": "Hon. Waiganjo",
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"speaker": {
"id": 2644,
"legal_name": "John Muriithi Waiganjo",
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"content": "The only problem of this Bill is that on the removal of the president of the Court of Appeal in Clause 15, we are only given two instances when the judge of the Court of Appeal can be removed. One is generally neglecting his duties as the president of the court and two is failure to satisfactorily discharge responsibilities of the office under Clause 13. It is my view that we need to expand the instances when the president of the Court of Appeal can be removed. We should add to it Chapter 10 of the Constitution and Article 232 on the civil service so that we may have sufficient reasons for the removal of a president of the Court of Appeal. The procedure set out here for the removal of such a judge is that a vote must be taken to remove that judge and the people to consider this removal are the judges themselves. Therefore, a notice must be issued to the subject judge who is supposed to be removed so that he will have a fair hearing. Such notice will be responded to by the subject judge within 45 days and that judge must serve all the judges of the Court of Appeal. The notice that the judge gets must also be signed by half of the judges of the Court of Appeal. This is important because the judge of the Court of Appeal who may face some sanctions will be given a fair opportunity to be heard and a chance to reply to whatever allegations that may be levelled against him. The Court of Appeal is important. Considering the matters that lie in the Court of Appeal having come from the High Court, it is an important court because it gives litigants an 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."
}