HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 603185,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/603185/?format=api",
"text_counter": 64,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "(ii) Whether PAC can re-open the Report on the JSC and the Judiciary that has already been tabled in the House as requested by the Chief Justice of the Republic of Kenya in his letter of October 27, 2015, given the additional information now available; and, (iii) Whether the two arms of Government, that is, the Judiciary and Parliament, should develop a more structured way through which to engage in matters of accountability. Hon. Members, on the first issue of whether the Chairperson of JSC is expected to appear before a Select Committee of the House when required to do so, it is imperative to first be conscious of the other constitutional offices represented by the holder of that office. The Chief Justice (CJ) of the Republic of Kenya holds three key offices. He is the Head of the Judiciary as provided for in Article 161(2)(a) of the Constitution, the President of the Supreme Court of Kenya as provided for in Article 163(1)(a) and that he is also the Chairperson of JSC as provided for in Article 171(2)(a). Indeed, there are various jurisdictions that operate under a similar model to the one we have in our country. For example, in addition to heading both the Judiciary and the highest Courts, the CJ also chairs the equivalent of a Judicial Service Commission in the Philippines, Nigeria, Pakistan, South Africa, Malaysia, Ghana and Sri Lanka. In the United States of America and India, the CJ is also in charge of administration and supervisory responsibilities of the Judiciary. In jurisdictions such as Australia, Japan, New Zealand, the United Kingdom and Canada, administrative and managerial functions are not within the purview of the CJ. For instance, whereas the Lord Chief Justice of England and Wales is the Head of the Judiciary and President of the Courts of England and Wales, he is not in charge of administrative and supervisory matters, which are undertaken by the Judicial Appointments Commission. On his part, the CJ of Canada chairs the Canadian Judicial Council but has no role in routine administration of the Judiciary, as this is a task vested on the Commissioner for Federal Judicial Affairs who reports directly to the Minister of Justice. Hon. Members, this particular issue would have been a lot easier to address if we were operating in a system similar to the United Kingdom or Canada, where the CJ does not also oversee the administration of the Judiciary. However, that is not the case. Different jurisdictions have diverse ways of engaging the CJ, particularly in cases where he or she heads the body responsible for recommending persons for appointment as judges, reviewing conditions of service for judges and judicial officers, among other administrative functions. For example, Section 5 of the United Kingdom’s Constitutional Reform Act of 2005 provides that, and I quote:- “The Chief Justice of any part of the United Kingdom may lay before Parliament written representations on matters that appear to him to be matters of importance relating to the judiciary, or otherwise to the administration of justice, in that part of the United Kingdom.” Arising from this, the Lord President of the Court of Session, who is the equivalent of the CJ in Scotland, laid before the United Kingdom Parliament in January 2012 written representations regarding the Scotland Bill 2012. Likewise, the Lord Chief Justice of England and Wales appears annually before the Committee of the House of Commons to give evidence on issues of constitutional importance and on a regular basis before the Justice Committee of the House of Commons. As a matter of fact, on Tuesday 26th October, 2010, the Rt. Hon. Lord Judge, Chief Justice of England and Wales and Rt. Hon. Lord Justice Goldring, Senior Presiding 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."
}