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{
    "id": 65446,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/65446/?format=api",
    "text_counter": 310,
    "type": "speech",
    "speaker_name": "Mr. Mungatana",
    "speaker_title": "",
    "speaker": {
        "id": 185,
        "legal_name": "Danson Buya Mungatana",
        "slug": "danson-mungatana"
    },
    "content": "Madam Temporary Deputy Speaker, I said that in this law, it is my opinion that we do not use those terminologies. With regard to the principal judge, I have no issue with that. I think you got my point. Let us not run away from the principles according to separation of powers. I and you can understand that very clearly, senior counsel. However, it may not go down well with the people of Garsen or Mbooni for that matter. Madam Temporary Deputy Speaker, the second point I want to make is in relation to Clause 6. In this clause, there are positions of judges that have been created. We have a resident judge; in particular, as the Head of High Court Division, we have the chief registrar and the posts of principal judges that have been created under this. I strongly suggest that we must, at this point, create the position of a county judge. In this Constitution, we have talked a lot about devolution. We created the position of a governor who is the head of the executive at the county level. We have created the Speaker of the County Assembly who is the head of the County Assembly. We have not created the head of the Judiciary at the county level. We must find a way in which this is clear. I do not see any difficulties in that. What are the duties of the resident judge here? It says that he shall be responsible to the Principal Judge of the High Court Division for the administration of their station or division. We can rename this and create 47 county judges. It would be the first time in the County of Tana River--- I said this the other day when the Chief Justice went to open a court in Garsen. There was need for us to have our own High Court. In this respect, I say that we must create the office of the County Judge. I know that there are very many places in this country where there is no High Court. There are Resident Magistrates in those areas and for you to make an appeal, you have to go long distances before you can reach the courts where appeals can be made. I do not need to belabor that point. I know that many hon. Members have suffered the same way that we have suffered. We need services. This devolution must be given effect. This Constitution must not be theoretical. We must make it real. To make it real, this Parliament must create and make it necessary and compulsory that the Judiciary appoints those judges so that those services can be reached right down at the county level. Madam Temporary Deputy Speaker, I also want to bring to the attention of the Minister my third point regarding Clause 18. This is with regard to the commissioners who have been appointed as members of the Judicial Service Commission. We said that those who cannot sit in that Commission include Members of Parliament, a member of a local authority and a member of the executive committee of a political party. I propose that we make it very clear in law here in Parliament, so that we avoid the controversy that was there with regard to one nominee. Maybe, in future, any person who is appointed to this high exalted position should stop any practice of law. We should not have a person who is a lawyer coming to court while he is a Judicial Service commissioner at the same time. It can be intimidating when your employer is before you, as a judge or a potential judge, and still has to come before your court when you are a Resident Magistrate or a Chief Magistrate. The same person is practicing before your court and, maybe, you are"
}