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"id": 590902,
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"type": "speech",
"speaker_name": "Hon. Chea",
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"legal_name": "Mwinga Gunga Chea",
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"content": "Hon. Temporary Deputy Speaker, Kenyans passed a new Constitution and with the three arms of the Government in place; that is the Judiciary, Legislature and Executive, there are certain constitutional principles that need to be adhered to. So, if you look at this Bill, you will find that one very interesting feature that comes out is the question of consultation. If you read the Bill, you will notice that the Chief Justice under the various clauses of this Bill, and in particular Clauses 6, 7 and 11 of the Bill is required to consult with the president of the Court before taking any decision. The principle of consultation has been enshrined in our Constitution and it is important that an institution like the Judiciary complies. The most important thing about this Bill as seen under Clause 3 of the Bill is in exercise of the judicial authority. There are three very important aspects that a judicial officer has to observe. The first one is the question of national values and the second one is the issue of leadership and integrity. The other issue is the question of independence of the Judiciary. For this country to move forward, we need to have the interpretation of the Constitution being done in the best manner. The interpretation of this Constitution has been bestowed on the Judiciary. So, in the absence of an independent Judiciary, we are likely to have the institution of the law collapse. So, we want to see a situation where we will have a Judiciary that will interpret our laws without fear or favour and a Judiciary that will apply its mind to the cases that appear before that court."
}