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{
    "id": 618941,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/618941/?format=api",
    "text_counter": 145,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "(c) appoint, receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates, other judicial officers and staff of the Judiciary in the manner prescribed by an Act of Parliament; (d) Prepare and implement programmes for the continuing education and training of judges and judicial officers. (e) Advise the national Government on improving the efficiency of administration of justice. (2) In the performance of its functions, the Commission shall be guided by the following─ (a) competitiveness and transparent processes of appointment of judicial officers and other staff of the Judiciary. (b) the promotion of gender equality. In addition, Section 13 of the Judicial Service Act 2011 states as follows:- (1) In addition to the powers of the Commission under Article 253 of the Constitution, the Commission shall have the power to─ (a) Purchase or otherwise acquire whole charge of disposed movable or immovable property. (b) Borrow and lend money (c) Enter into contracts (d) Do or perform such other things or Acts necessary for the proper performance of its functions under the Constitution or under this Act which may be lawfully done or performed by a body corporate. Based on the above functions and responsibilities as stipulated in law, the Committee drew the following conclusions:- On the Chief Justice, the Hon. (Dr.) Willy Mutunga, the Committee notes as follows:- The Committee takes great exception to the Chief Justice’s decision not to honour summons issued to him. This was in direct contravention of Article 125(1) of the Constitution which states that either House of Parliament and any of its Committee has powers to summon any person to appear before it for the purpose of giving evidence or providing information. Article 125(2) of the Constitution further states as follows:- “For the purposes of Clause 1, a House of Parliament and any of its committees has the same powers as that of the High Court- (a) to enforce the attendance of the witnesses and examine them on oath, affirmation or otherwise. (b) to compel the production of documents; and (c) to issue a commission or request to examine witnesses abroad. Evidence before the Committee indicates that the Chief Justice failed to provide leadership on several occasions. This was evident in the procurement of his House, the Elgon Place, radiation saga and the general relationship between the CRJ and JSC."
}