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{
    "id": 590803,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/590803/?format=api",
    "text_counter": 103,
    "type": "speech",
    "speaker_name": "Hon. Oyoo",
    "speaker_title": "",
    "speaker": {
        "id": 2408,
        "legal_name": "James Onyango Oyoo",
        "slug": "james-onyango-oyoo"
    },
    "content": "to bring prudent changes in the management of our justice system. But, this did not go very far because tribalism took the centre stage as those who were removed from the bench were people who were perceived to be anti-establishment or coming from tribes which were not politically correct. Many of them were people of serious legal resource that Kenyans still needed. In this Bill we will have the Court of Appeal to be headed by the president, who is Justice Kahara. He has tried his best. He is a very focused young man and seasoned lawyer. The team will also comprise other judges. I have seen that here is a proposal to increase the number of Registrars and Deputy Registrars. This will go a long way to make the cost of justice cheaper. People have had to travel from very far. My only regret is that during NARC Government, we had sweeping changes in the courts but this did not yield much result. Currently, we have a cleanup system under Justice Sharad Rao or Justice Patel; but his efforts are being hampered by constant litigation of corrupt judges who are being replaced with tangible reasons. You will then find them going to court and some coming back to the bench with tainted images. I have an example where a judge gave judgment in a case far beyond his jurisdiction. It was a case where some people stole the land of Miwani Sugar Company. Miwani Sugar Company was supposed to have been auctioned in an auction that was never to be. A water-tight investigation was done by the then Kenya Anti-Corruption Commission (KACC) headed by PLO Lumumba and people were charged. The same people who were charged got judgement from a lower court. The judge erred by giving judgement beyond powers of his jurisdiction and outside the prayers of the litigants; saying that no other court will have jurisdiction to try this case. Regrettably, I have seen the same judge – I do not want to name the judge at this point – carrying bags as if he or she is still on duty. While discussing this Bill, we must make water-tight changes such that people who are put aside by the Magistrates and Judges Vetting Board of Justice Rao cannot find their way through the back door. We still find them and they expect people to have confidence in their judgement. Kenya is in the mood of replacing judges. We are faced with a situation where the Deputy Chief Justice, madam Kalpana Rawal is about to retire and the president of the major court who is the Chief Justice Mutunga is likely to retire next year. There being no likelihood of him renewing his appointment, I am pleading that the powers that be, more so the JSC should rise beyond parochial considerations and make sure that Kenya gets, in the place Kalpana Rawal, somebody worth the position and who can meet the threshold of that office. When the time to replace the able Chief Justice Mutunga comes, we should look for lawyers of capability and not tribes or political parties. Kenya is bleeding with injustices. I want to thank the current Chief Justice because, even in our Parliament, we have sometimes been confused and we have had to make reference to his court to give judgement and he has done very well. We would want somebody who will fit in the Bill. Otherwise, I support this amendment and I only pray that Hon. Members will approach it with a lot of soberness and let justice and nothing but sense reign. Thank you very much Hon. Speaker for giving me the opportunity."
}