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{
    "id": 65450,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/65450/?format=api",
    "text_counter": 314,
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    "content": "am afraid, it appears that even the CIC must have missed this. What happened? Did they just pull this Bill from the drawers and said: âLet us panel beat it and take it to Parliamentâ. This is a very bad indication. It means that people are not going through the Bill line by line. We want this law to be good. So, can we remove all references to the âMinisterâ? Here, we are talking about the Cabinet Secretary. The Constitution is clear that we are now dealing with Cabinet Secretaries. That is a point that needs to be looked at. In Clause 34, you have talked about the National Council of the Administration of Justice. This is an excellence idea and I have no problem with it, but it does not import, in this law, the engendering of this Council. It says that the Chief Justice shall be the Chairman and it returns back to the Minister. It should be the Cabinet Secretary for the time being responsible for matters of justice, the Attorney-General, the Deputy Public Prosecutor and the Commissioner. In all these people, there is no engendering of this law, so that we do not have a repetition of what happened in the East African Legislative Assembly sometimes ago in a different time in a different place that we used to live in this country, where we just sent men and Kenya was the only country that sent men only and refused to follow the question of gender as we should. Madam Temporary Deputy Speaker, Sir, we need to relook the interview procedures. I am looking at page 60, Part IV of the First Schedule, Clause 10. I agree with all the good things that they have said about the interviewing procedure and I must congratulate the Minister and all the people who were involved in this because we definitely have a far more superior system of getting our judges and the men and women who want to serve in the Judiciary, but I just have two comments to make about this interview procedure. First of all, we are choosing men and women who are going to occupy an exalted office. We have chosen the Executive, the President and the people in that team, Members of Parliament, the Senators and the people in that team and it is all open and transparent. In this Constitution, there is a great requirement of transparency. There is a clear requirement in this Constitution that we have voted for transparency. This, indeed, is a national value if you look at the provisions of our national values. When we will be electing the President, it will be transparent. In fact, I am aware that the ballot boxes will be transparent. When we will be electing the Members of Parliament and the Senators, it will be transparent. Why are we putting in this law, the other exalted arm of Government, that all the interviews shall be conducted in private? What are we hiding? Is this provision, first of all, constitutional? If we are interviewing a judge and all we are asking is: âAre you qualified? Where did you go to school and have you been paying your taxes, what is private about this? After all, these people are going to be sitting in very exalted positions. What is it that we want to hide? Hon. Orengo has been talking about a Judiciary which used to operate on the whims of the Executive. This was because nobody used to know about the systems of appointments. People used to be drawn from drawers and appointed and even people who were supposed to be contesting parliamentary seats were told: âYou come and be a judge, so you can leave so-and-so to be a Member of Parliamentâ. Why is it that we want to return, through the back door, what we have left behind? Why should we conduct these interviews in private? Let us be transparent. Let us remove this requirement that the interview shall be conducted in private. It should be open, so that those who are interested in listening to the interview can do so. If there is anything confidential or that"
}

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