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"id": 599672,
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"type": "speech",
"speaker_name": "Hon. A.B. Duale",
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"legal_name": "Aden Bare Duale",
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"content": "Just like you, Hon. Speaker, the CJ wears two hats, one, as the head of the independent arm of Government called “the Judiciary” and another as the Chairman of a constitutional commission. I dread the day that a court will, in the exercise of its judicial powers, will demand the appearance in person of a Speaker of any of the Houses of Parliament or indeed, the Speaker of the National Assembly, in his capacity as the Chairperson of the Parliamentary Service Commission (PSC). It is this mutual framework of accountability that the CJ of the Republic of Kenya wants us to address ourselves to; this matter of heads of other arms of Government has not been dealt with in our rules of procedure. I pray that with your guidance, may it be time to establish suitable rules on this matter not only for the CJ, but also so that we know how to deal with the Speakers of the Houses of Parliament. Lastly, the CJ contends, in his many correspondences, that many of the recommendations in this Report we are about to discuss are now functus officio, having been overtaken by events. That is according to the CJ. Then he raises the question: Can this House, therefore, act in vain? Hon. Speaker, I beseech you and the House for a moment to forget the person of the CJ of Kenya and focus on the office that he holds. It is not an ordinary office. It cannot be compared to a parastatal or a Ministry in the Executive. I could only compare it to the office you hold, Hon. Speaker. By writing the letter, the CJ of the Republic of Kenya is submitting himself to the will of this House. After reading his letters, all he is asking for at the preliminary level is simple, fair hearing, accuracy and justice. I emphasise that the CJ, in his many letters, is simply asking for a fair hearing, accuracy and justice. It is for this reason that I request you, Hon. Speaker, to defer this Order to another day and request the PAC, in your judgement to, first, address itself to the issues raised by the CJ of the Republic of Kenya and guide the debate at a later date. Secondly, I suggest that the Committee can consider tabling an additional Report in the form of an addendum to this main Report having its proposed way forward on the very weighty issues raised by Dr. Willy Mutunga, the CJ of the Republic of Kenya. Hon. Speaker, I have faith in the PAC, which is led by our very able and distinguished colleague and Member for Rarieda. I know they will find this very useful and guide us accordingly. In the meantime, I request the CJ to take advantage of the new opportunity that the Committee will avail to raise his issues instead of addressing them through the media. The CJ, on the other hand, was also violating the privilege of the House. Instead of appearing before the Committee, he kept on putting articles in the newspapers. I ask him and our colleagues in the Judiciary not to allow our two institutions to address each other through the media. That is the end of my statement and I really need you and the Chair of PAC to guide us. The best we can do is not just read and forget about the many correspondences of the CJ of the Republic of Kenya. I am sure that in whichever way we decide, he will not accuse us of sending folders to the National Assembly and nobody raises them. I felt that as one of the leaders of this House, this matter should be discussed and the Speaker can give direction. Thank you, Hon. Speaker."
}