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{
"id": 665028,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/665028/?format=api",
"text_counter": 276,
"type": "speech",
"speaker_name": "June 16, 2016 SENATE DEBATES 33 Sen. Wako",
"speaker_title": "",
"speaker": null,
"content": "Mr. Temporary Speaker, Sir, thank you very much for giving me this opportunity to make a contribution on a very important speech that was made yesterday by the Chief Justice. When he was making his speech, at times I did not quite follow what he was saying. When I read it afterwards, slowly, I found that it was pregnant with very many good ideas on how we, as a Senate, can move forward. Mr. Temporary Speaker, Sir, I was fortunate to have served in the Judicial Service Commission (JSC) when the former Chief Justice was appointed. I want to say that the JSC made the right decision to appoint Justice (Dr.) Willy Mutunga as the Chief Justice and a lot has been achieved under his tenure. The judges have increased from 53 to 136. The Kadhis have also increased by about four times from 15 to 56. So, the Muslim Community is now being taken care of in matters of administration of justice. The High Court stations have increased from 14 to 34 with plans to add much more. In some of the counties where there are no such stations, the High Court Registry is there. Mr. Temporary Speaker, Sir, when you talk about the gender issues, out of 25 judges of the Court of Appeal, eight are women and that is about one third. Concerning reducing the backlog of cases, whereas there were over a million cases when he took over, they have now been reduced to 420. That still remains a big challenge for the new Chief Justice. Regarding infrastructure, courts have been constructed all over many counties and so on. About training of Judiciary personnel, the judges and their staff are now very much vibrant and in place. Therefore, the former Chief Justice has achieved a lot. Mr. Temporary Speaker, Sir, when his tenure began, we, as a Senate - and he has supported the Senate - went to the Supreme Court and sought an advisory opinion on the Division of Revenue Bill. That particular judgement delivered by five judges who all read long judgements will remain forever one of the outstanding judgements of the court which has established the place of the Senate and the devolved governments. The problem in this country at times is not following the letter and spirit of the law and rulings that come, particularly from the highest court of the land and that will remain a challenge for the new Chief Justice. Mr. Temporary Speaker, Sir, he challenges this House and that is what I want to focus on just a bit. He told us that there should be less politics and I hope there will be less politics. He told us that we should act and behave like the “upper” House and, indeed, we ought to act and behave as the Upper House. He told us that in our debates and whatever we do, we should rise above the narrow partisan politics and be capable of engaging beyond the ethnic lanes of the Kenyan politics. Mr. Temporary Speaker, Sir, if there is one institution which can make this country rise above the ethnic divide, I believe very strongly that it is this House. Therefore, a heavy responsibility lies on each and every Senator to ensure that debates which take place go beyond the narrow partisan, ethnic and political divide. Some examples have been quoted about some legislation that was passed which was governed mainly by those considerations. I will request every Senator to behave the way the Chief Justice has told us. It is easier for us – I saw it at the very beginning when we came here – because each Senator becomes a Senator because he or she is committed to devolution. Under the Constitution, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}