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{
    "id": 647711,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/647711/?format=api",
    "text_counter": 184,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "channelled to the Judiciary have sole signatories. I asked myself a question on the fact that these funds are resident in banks that are categorised as some of the largest banks in the country. Obviously, even for a private company, it is not possible to open an account where only one person is the signatory to such accounts. We have a Report before us where, for example, an account at the Kenya Commercial Bank (KCB) being run by the Judiciary was having a single signatory. You shudder to imagine what will happen in the event that person decides to take any arbitrary action. Once one is a signatory of an account, they have sole access to that account. As we go through this legislation which is to give effect to Article 173 of the Constitution, our great concern should be how prudently we continue to utilise these funds. You cannot just give and not expect accountability for what you give. As an institution, it is time we demanded to be told how the huge amounts of resources we have channelled into the Judiciary have helped in achieving our objective of accessing justice to as many Kenyans as possible. There is still a bit of a concern. I know we passed a law which requires every county to have a judge. I have over the years seen the Judiciary opening courts in various parts of the country. I hate to believe that an institution which is an entire arm of the Government will engage in a process like that without clear criteria on how they decide where a new court is to be opened. I believe every Kenyan in this country deserves and will be at some point, be in need of justice. We will make this law but it is equally important to start demanding accountability on how every amount of money is used. This is because money that will go into this Fund will be appropriated by this House. As much as we are going to enact this legislation, it is equally important we follow it up and demand value for money through our engagements. This is whether it is through the Departmental Committees or at the tail end of the public finance cycle when these Funds are audited. We must now demand to know how these huge amounts of funds are used. If you look at it five years ago, you will see that the amount of money that used to go to the Judiciary was very small. This was clearly a hindrance to access to justice for many Kenyans. We want to see what is the relation and proportion of that in relation to access to justice. Are Kenyans now having better access to justice because of the huge amounts of money allocated? I have been told that cases of backlogs in courts have gone down. However, we still hear of cases that have been in court for years. Justice delayed is justice denied. We must demand to be given a cost-benefit analysis and be told the effect of the noble objectives we have put in place to provide and make justice accessible to all Kenyans. That will ensure Kenyans are treated fairly, justly and Kenyans who deserve to be heard before courts do not inordinately get delayed merely because somebody is playing some games in matters of law. Last is on corruption in the Judiciary. It has come from none other than the Chief Justice himself. It disheartens us to learn that there are some parts of this country where justice still goes to the highest bidder. It is a very sorry state if that becomes the practise and culture in this country. The Chief Justice has been lamenting in various fora. That even puts to question some of the institutions we have. For example, we recently extended the life of the Judges and Magistrates Vetting Board. We should now ask whether the many institutions we have put are just there in name or they are helping us to have a better society. I did not get a chance to contribute to the Motion on the extension of the time of the Judges and Magistrates Vetting Board. Honestly, some of the judges whose conduct is being questioned are the same ones who were cleared by the same Board a few years ago. Of course, it 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."
}