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{
    "id": 665060,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/665060/?format=api",
    "text_counter": 308,
    "type": "speech",
    "speaker_name": "Sen. (Prof.) Anyang'-Nyong'o",
    "speaker_title": "",
    "speaker": {
        "id": 193,
        "legal_name": "Peter Anyang' Nyong'o",
        "slug": "peter-nyongo"
    },
    "content": "Yes: In extenso . Thank you, Sen. Wetangula. Article 159 states that:- (1) Judicial authority is derived from the people and vests in and shall be exercised by the courts and tribunals established by or under this Constitution” (2) In exercising judicial authority, the courts and tribunals shall be guided by the following principles- (a) Justice shall be done to all irrespective of status; (b) Justice shall not be delayed; (c) Alternative forms of dispute resolution, including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted subject to Clause (3); (d) Justice shall be administered without undue regard to procedural technicalities. That is the point I want to make. When the Chief Justice came into office, I paid particular attention to his inaugural speech. He said, under his jurisdiction, charge and care, justice shall be determined without undue regard to procedural technicalities. Unfortunately, when it came to an important case in the Supreme Court to determine who will be the President of this country, after a troubled and doubtful election, the decision was made on a technicality. The technicality was that the affidavit of CORD that had been taken to court - according to the bench - was taken too late. Those are the kind of technicalities which should--- Recently, in Uganda, Amama Mbabazi took his case to court and took affidavits at the time when the judges could have said it was late but they extended the time and allowed more affidavits to be filed in the court of Uganda. Notwithstanding the fact that the judge finally made a decision that was doubtful or doubtable in terms of justice. At least, in terms of not making a decision on the basis of technicalities, I salute the Supreme Court in Uganda and put a question mark on our Supreme Court in 2013 for making an important decision on the basis of technicalities. I hope that when the Chief Justice writes his book, he will come out clean and clear on the troubling issue that has troubled the souls of many Kenyans since the last presidential elections. Of course, in magnanimity, we said that we do not agree with the decision but we accepted it so that the nation can move on. A few months after that election, the former Prime Minister - again in magnanimity - wrote to the President after he came back from his sabbatical leave asking him for a chance to discuss important matters that can reconcile the nation. The Truth, Justice and Reconciliation Commission’s (TJRC) Report that was chaired by Ambassador Bethwel Kiplagat is still there. This nation is burying its head in the sand like the proverbial ostrich. It is not coming to terms with the TJRC Report. That is why the soul of this nation is troubled. All these trials and tribulations are visiting us because we have refused to confront the devils in our midst and the sins of omission and commission. I pray and hope that after the elections are over we can have the truth and reconciliation process going on. 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"
}