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{
    "id": 65393,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/65393/?format=api",
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    "content": "Mr. Deputy Speaker, Sir, following the numerous amendments to the Independence Constitution the security on the independence of the various constitutional offices, including those in the Judiciary was irredeemably watered down. Holders of such offices were subordinated to the pleasure of the Executive. The constitutional safeguards necessary for maintaining fair administration, neutrality of public institutions, accountability of Government and the protection of rights in general, were systematically removed. The result of the said actions is that the Judicial Service Commission was no- longer regarded as fully independent. The net effect of which was that the Judiciary was now seen as vulnerable to Government pressures. The Judiciary was no-longer credible. Certainly it had lost its glory as the fountain of justice. Mr. Deputy Speaker, Sir, I recall, for example, in the 1980s when you and I were practicing law, the Law Society demanding that it be represented in the Judicial Service Commission. It took 30 years. It is only in the course of the end of last year that the Law Society found its way to the Judicial Service Commission. Granted this state of affairs, serious allegations were made and have been made against the Judiciary, including an allegation of sloth, inefficiency, incompetence and a long standing allegation of corruption. Besides it was fairly evident that people had lost faith in the Judiciary’s ability to dispense justice fairly, impartially and without fear. Similar sentiments had been expressed by a committee established by the Judiciary itself, known as the Kwach Committee and another report by the Commonwealth Judicial Panel of experts. Little wonder that one of the objections of the review process was to examine the existing constitutional commissions, to examine constitutions and offices and make recommendations for improvement and for the new bodies “to facilitate constitutional governance and the respect for human rights and gender equity”. That was the former Section 17(III) of the retired CKRC Act. One such commission was the Judicial Service Commission which would among other things, advise the President on appointing Judges. Mr. Deputy Speaker, Sir, the people of Kenya have expressed a desire to restructure the administration of the Judiciary. They have expressed a desire to entrench the independence of the Judiciary in the Constitution. I am talking about Article 160 of the Constitution. They have demanded to ensure that there is no interference in the Judiciary by the Executive and by the politicians and to ensure that cases are determined expeditiously. Article 156(2) (d) (e) of the Constitution is the command of that. The Kenyan people have demanded that judges be qualified for their jobs. That court procedures be simplified. That would be found in Article 159(2) (d) of our Constitution. The people of Kenya have spoken and spoken loudly that all people be treated fairly and equally before the courts and access to court is improved by increasing the number of judges, magistrates and decentralizing the court system. Only yesterday, a number of MPs including the Minister of State for Development of Northern Kenyan and"
}