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"content": "uncomfortable. Even a suspect is entitled by law to enjoy fresh air within the courtroom, and not in the congested form in which we find them today. Madam Temporary Deputy Speaker, a matter which draws tremendous interest to me is that under Clause 30, on page 46 of the Bill, which is about the procedure for appointment and removal of judges and discipline of other judicial officers and staff. I fully agree with that process, except what is provided under Clause 32(2)(d). I want to re-emphasise that in order to be able to bridge the digital divide, it must be mandatory not only for judges, but for everybody, including parliamentarians, to be computer literate. Proficiency in computer is a must not only for judges but for everybody, if we are going to expedite the functions of either Parliament or the courts. The only problem is that the litigant before the court, who may not be computer literate, may be at a disadvantaged position. Madam Temporary Deputy Speaker, I was going to take leave of the House to request, through this provision of the law that more monies be voted for my Ministry later on, so that we can be able to make every Kenyan computer literate, so that whenever they want to deal with these matters, they can do it quite effectively. I agree with the question of gender as captured under Clause 34. There is a point I want to bring out regarding the provisions of Clause 13B(c)(ii), on page 62 of the Bill. It is about the respect for professional duties arising under the codes of professional and judicial conduct. Earlier on, there was a litany of views on how they should look. On page 61, there is something about intellectual capacity, judgement, diligence, organizational and administrative skills. Madam Temporary Deputy Speaker, we must protect our judges from very flimsy and misplaced allegations that may be made against them, particularly through the Advocates Complaints Board. Somebody may just forward a name against a particular individual, who may by all practical purposes be competent enough to be a judge but, because some people may not want him for that purpose, they may bring all manner of allegations against him, and there will be no time for such an individual to have an opportunity to exonerate oneself before the judges appointing panel. So, we have to find a way of handling such flimsy complaints. When you have such rather flimsy and uncalled for complaints, how would you handle them for a prospective candidate who wants to be appointed to a high office of the Judiciary? We should be able to come up with appropriate provisions for that matter, because it is very important. Madam Temporary Deputy Speaker, Clause 14(1), on page 63 of the Bill, talks about nomination of the most qualified applicants taking into account gender, regional and ethnic balances and other diversities of the people of Kenya. One of my colleagues mentioned something about tribes. We cannot run away from what we are. This country is constituted of 42 tribes. This very same law recognises the fact that in appointing the individuals, apart from the qualifications, which are a general point you must consider, you must also consider gender as well as regional and ethnic balances. So critical is this that if you run away from that very position, you would be telling us: âThis was the most qualified person but he could not be selected because Prof. Ongeri is a Kisii, and he is a Member of Parliament. Therefore, he cannot be appointed.â It would be a very disastrous way of tuning people to think; along such lines in this country. We recognise our ethnic constitution. It is a blessing. Diversity is not in itself a"
}