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"content": "Chief Justice (Dr.) Willy Mutunga has distinguished himself by addressing the Senate and being the first Chief Justice to do so and by deliberately refusing to address any other organ other than ourselves. The Chief Justice was very clear that the Senate is behaving like a toddler. If he did not say it properly, then allow me to say it. We are behaving like toddlers and we have been treated like so. I thought that this would be an opportunity for the Senate to pronounce itself in respect of our legislative responsibility. I think that we should use this as a cue particularly because they have raised issue with the way that we have proritised our work and the work from the National Assembly, while allowing our work to be put on the back burner; yet when I ask, you say that two wrongs do not make a right and that we cannot behave like everybody else. Mr. Temporary Speaker, Sir, Chief Justice (Dr.) Willy Mutunga will walk away without the tag that the former Chief Justice Evans Gicheru or former Chief Justice Chunga walked away with. I would like to ask a question that I should have asked him when he was here; whether he thinks that he has left a Judiciary or a Supreme Court that is stable. This afternoon, only three judges appeared for the last ruling on his Bench. Before the lawyer Pheroze Nowrejee could finish his address, they all left. The ruling on the question of disqualification on the matter of the retirement left a bad taste in my mouth because the judges ended up accusing one another of many things, even sometimes of improper motives particularly on the order that was supposed to be heard on 24th June, 2016. Mr. Temporary Speaker, Sir, the persons who contemplated having a Supreme Court had in mind a situation where we would have a fair arbiter. I did research on this particularly in the new Constitution. In a matter where the police through the Inspector General (IG) can abuse the rights of the Members of Parliament, that a Member can be denied the right to pray, who are we going to turn to? When we raise such issues, Kenyans say that it is time for the Members of Parliament to taste the medicine of how ordinary Kenyans operate. Do those two wrongs make a right? Who is going to save this country from what I call abuse and excessive power if not the Supreme Court? They have abdicated responsibility, some have refused to retire and we have problems on whether a gazette notice should be put up. Somebody has refused to gazette it yet we are talking about the highest court in of the land. Mr. Temporary Speaker, Sir, although Chief Justice (Dr.) Willy Mutunga leaves an efficient Judiciary, 34 high courts and registries and proper administrative structures, unfortunately, the questions of corruption dogging the Judiciary have not been addressed on his departure. Instead, he has talked about bandits in his backyard and said that if you deal with them, you either die or go to exile. Therefore, what are people supposed to do about a Judiciary that is supposed to resolve the most ordinary questions?"
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