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{
    "id": 599682,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/599682/?format=api",
    "text_counter": 82,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "This letter from the CJ is giving us an opportunity to look at the entire JSC Act with the benefit of history. I was in the last Parliament when the Judicial Service Commission Act was being done. One of the problems that I had, and the HANSARD will bear me witness, is this provision. More fundamental is the other provision in the Judicial Service Commission Act, which allows practising lawyers to be members of the JSC. As we address this matter, it is one of the difficulties that I have raised with my good friend, Hon. Chepkong’a; this provision which allows practicing lawyers to be members of the JSC. Is it in order? I addressed this matter with the late Hon. Mutula Kilonzo and as a man of Honour he wrote me a letter later on, when we saw the problems with the lawyers who had been nominated as JSC members. We know of lawyers, with all due respect, whom we never heard much about before they became members of the JSC. However, they became JSC members and they handle virtually all cases in the country. You look at the role of the JSC as the employer of judges and magistrates. When your employer comes pleading before you, how do you tell your employer “No”? This is because the JSC employs judges and we are allowing this lawyer, who is the employer of judges, to make a plea before the same judges. I want to look at this letter from the CJ as an opportunity for us as a House which is the body mandated in this country to make laws, to look at the entire Judicial Service Commission Act. This will ensure that such a problem does not arise from time to time that the head of the JSC has issues particularly on matters to do with financial accountability as issues to answer. We can ask him to appear before the representatives of the people without facing these impediments and the lacunas of this House."
}