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{
    "id": 599679,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/599679/?format=api",
    "text_counter": 79,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "course of its own investigations launched on August 19th 2013, as contained in the JSC Report on former Chief Registrar of the Judiciary, Gladys Boss Shollei, which is being made available to all key Government agencies, including Parliament. With the benefit of this Special Report, I do hope that the National Assembly now realizes and understands why the JSC took the steps it did last year. The JSC is mandated by Article 172(i) of the Constitution, to promote accountability in the Judiciary. Already the Chief Registrar of the Judiciary, who is the Accounting Officer of the Judiciary and Secretary to the JSC, has given a detailed response to the accountability questions raised in the Special Audit Report and corrective steps taken thus far. The JSC and the Judiciary will be ready to respond to any further accountability queries that Parliament/Parliamentary Service Commission (PSC) may have on the Special Audit. I want to emphasize that point. The JSC and the Judiciary, not the Chairman of the JSC or the President of the Supreme Court will be ready to respond to any further accountability questions that Parliament may have on the Special Audit Report. It is important to note that the Special Audit of the JSC and the Judiciary is quite limited in its scope. It is hoped that the gaps identified in our various internal audits will inform the full scale annual audit performed by the Kenya National Audit office for the Financial Year 2013 /2014. The Judiciary will account for this period as required by law through the annual state of the Judiciary and Administration of Justice Report, which have already been submitted to Parliament for debate.” That is the end of the letter. Hon. Speaker, you will agree with me that this letter of 30th June, 2015 does not make any reference whatsoever to this further request to Hon. CJ to appear before the Committee. That was the last communication that came from the CJ until this letter of 27th. I agree that the CJ, just like you, wears two hats. He is the Chair of the JSC and is also the Head of the Judiciary, in addition to being President of the Supreme Court. I have said that I was not there when these summonses were issued, but I want to submit from the discussions that we have had as a Committee. The reason why the Committee felt that the CJ must appear as the Chairman of the JSC, not as the CJ of the Republic of Kenya was because of the issues the Committee felt needed to be addressed at the very top. I want to follow from what my good friend Hon. Duale has said. It is important that we find a framework---The question which must emerge from this is, is the law as it applies now where the CJ becomes the Chairman of the JSC the way it should be? I am seeing the difficulty we find ourselves in when we invite the person of the CJ, even though in the official capacity of the Chairman of the JSC, the person is still the CJ of the Republic of Kenya. Since we are the House mandated by the Constitution to make laws, we must look at this framework. Is it in order? Looking at this difficulty that we are grappling with that the CJ of the Republic of Kenya--- I am aware of jurisdictions which have clearly delineated these functions- this is where the Chair of the JSC is not the CJ - and then it becomes very easy to deal with a matter such as this one."
}