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{
    "id": 643540,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/643540/?format=api",
    "text_counter": 146,
    "type": "speech",
    "speaker_name": "Hon. Omulele",
    "speaker_title": "",
    "speaker": {
        "id": 2145,
        "legal_name": "Christopher Omulele",
        "slug": "christopher-omulele"
    },
    "content": "intrusive and concentrated surgery than what has happened. I say this informed by the sentiments that were expressed by our Chief Justice one or two months ago, when he was commenting on the elections that had taken place in the positions that were available at the JSC. His comments were that those members who had found themselves filling those positions had involved themselves in massive treatment of the electorate. Those were the sentiments of the Chief Justice. He had posited that the people who found themselves in the positions that were serving on JSC had bribed the people who had voted for them. What tickled my mind was that the people who were electing those who were going to serve on the JSC were magistrates and judges. As the Chief Justice, he said that the competitors had involved themselves in voter treatment. As a House, we know that one of the greatest offences that one can commit during the election campaigns is voter treatment. We know it is an electoral offence. If it is alleged and established that a Member has been involved in what amounts to voter treatment, their election is liable to be taken away. He is liable to be found to have committed a crime in this country and his seat will be taken away from him. He will be fined or even jailed. So, it is serious when the Chief Justice says this. I looked at the members who now comprise the JSC in this country. We all know that JSC is the employer of judges and magistrates. Those are the people who determine the terms on which magistrates and judges will serve in this country. We are being told that those are the people who have got into office on the wings and wind of bribery and voter treatment. Yet, those are the people who will sit in judgement and determination of the very terms of the people whom they have bribed. I was left baffled and very afraid. That is because we know that if I sit in a position where I can determine whether your child, or even yourself, are going to have a meal today or not, most probably, I am going to perform things that are favourable to you. Hon. Deputy Speaker, some members of JSC continue to practise law before the same officers who voted them into office. Those officers sit in court and the particular members of the JSC appear before them. I have previously alluded to the fact that we currently have, before the Magistrates’ Courts at Milimani, humongous bills that have been brought against the City of Nairobi by one of the members who sits in the JSC. The same member is the one who determines the terms of service of the registrar whom he appears before to determine whether he has performed such services that attract the fees that he is requiring the registrar to pass and award him. I say this with a heavy heart. I have never seen a more incestuous relationship in any forum of practice. Today, we are saying that some of the JSC members have acted for people who are of interest, even before a tribunal that is sitting in this country against one of the judges of the Supreme Court of this country. That lawyer still has bills against the City of Nairobi, which is presided over by this person of interest; who is the Governor of Nairobi. There are two or three pending bill cases in that court amounting to billions of shillings, which are to be determined and awarded by a magistrate and registrar who is answerable to that particular officer. I submit that we are in trouble. I want to join one of my brothers who has said that we probably need to look at the value. We need to look at where the rain started beating us. That vetting board has done its job reasonably well, but it has not gone far enough. As the people to whom Kenyans have entrusted with the mandate of legislation, we need to think about what needs to be done in order to ensure that the people who serve in this Judiciary do not go there to serve purposes other than interpreting the law and arbitrating between Kenyans without interference from quarters that should not be interfering with court processes. 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."
}