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{
    "id": 599703,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/599703/?format=api",
    "text_counter": 103,
    "type": "speech",
    "speaker_name": "Hon. Ng’ongo",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "Thank you, Hon. Speaker. Indeed, the matter before us is weighty. Unlike the four speakers who have spoken ahead of me, I have the benefit of being an old Member of PAC. I have sat in the PAC all through from the time we started looking at this issue of the Judiciary to date. So, I have the benefit of history. The most important determination and intervention we ask from you is whether Parliament, through its Committees, can summon the CJ. Actually, that is the elephant in the room. I respect the CJ of the Republic of Kenya and I supported his appointment. In fact, we vetted and gave him the job and I still believe we made the right decision. However, this is an issue of accountability. The ruling you are going to make is going to determine whether or not the Chairman of the Parliamentary Service Commission (PSC), if at all there will be issues in Parliament regarding expenditure, can be summoned to appear before the PAC for investigation. First, I agree with Hon. (Eng.) Gumbo that something needs to be done to divorce the JSC from the CJ. However, I do not agree with him that we can cure this by looking at the Judicial Service Commission Act. The CJ of the Republic of Kenya is a guaranteed position under Article 171 of the Constitution. For us to do this we have to amend the Constitution and that will require a referendum. If you have to affect the functions and the constitution of any commission, you have to take it to the people of Kenya. Our options are, therefore, limited. With regard to the ruling you are to make, I would like to request you to look at Article 125 of the Constitution. It talks about the Committees of Parliament. It says:- The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}