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{
    "id": 647697,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/647697/?format=api",
    "text_counter": 170,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "Hon. Speaker, I beg to move that the Judiciary Fund Bill be now read a Second Time. This is a fairly simple Bill. It is not very long because it contains 16 clauses. When the Judicial Service Commission (JSC) appeared before the Departmental Committee on Justice and Legal Affairs, they proposed to set up the Judiciary Fund through regulations. When we looked at the proposed regulations, we found that they were very substantive. The regulations were to be made pursuant to the Judicial Service Act. We then asked them to work on these regulations as a proposed Bill. The Committee examined the Bill, interrogated it and approved it. It is being sponsored by the Departmental Committee on Justice and Legal Affairs. This is the best way to create funds. I have nothing against the Senate. People think that I have something against the Senate, I do not. I have tremendous respect to the Senate but I am saying that things must be done in a constitutional manner. It is bad manners to create funds using regulations. We are creating the Judiciary Fund using legislation. There is nothing illegal. We are doing that so that we can interrogate and allow public participation, like we have done, and table a report. We are doing things in an orderly manner. The basic objects of this Bill are to safeguard the financial and operational independence of the Judiciary. Secondly, it is to ensure the accountability of funds that are allocated to the Judiciary by this House. Thirdly, it is to ensure that the Judiciary has adequate resources for its functions. Once this Fund is created by this House, the monies allocated and disbursed by the National Treasury shall not be returned after 30th June of every year. As you know, what happens at the moment is the Judiciary has many ongoing projects, for example, construction of High Courts and Magistrates’ Courts across this country. When it gets to the end of the Financial Year and they have not utilised the funds that have been released by the Exchequer, the unused amount is, ordinarily, returned to the National Treasury. However, a fund will retain the monies that have been disbursed by the National Treasury. So, the reason this Fund is being created is to ensure that the projects continue without any interference or lack of funds. The Fund is intended to defray the administrative expenses of the Judiciary. They are also meant for the acquisition 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."
}