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{
    "id": 665439,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/665439/?format=api",
    "text_counter": 324,
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    "content": "either as obiter or ratio decidendi that you can quote of Justice Will Mutunga. You cannot compare him with greats like Justice Chunilal Madan, arguably the best Judge this country has ever had and one of the best Chief Justices. In the reign of Justice Willy Mutunga at the Judiciary, we have seen it degenerate into an abyss; judges suing each other, something that we never heard before. Judges challenging even basics like their retirement age. These are management things he could have managed, for instance, judges abusing him and all manner of things. I have practiced law for the last 33 years in these courts. Today, I can say without any fear of contradiction that the level of corruption in the Judiciary is higher than ever before. Justice is for sale to the highest bidder at every level. This is the legacy of Justice Willy Mutunga. He came in with a new Constitution with a new Bill of Rights, new promise and new future for the country. Everybody looked at the Judiciary as the arm of Government that has the capacity and power to check on the other two arm’s excesses; for instance, excesses of Parliament, if we pass a bad law, they can strike it out. The excesses of the Executive - if they behave the way I see my friend hon. Nkaissery behave - can deal with them. However, what have we seen? The Judiciary is now a helpless cheerleader of maladministration, corruption and all manner of vices that are taking this country back. For the first time in the history of the Judiciary - look at this girl called Mrs. Shollei - it is embroiled in all manner of corruption, including Kshs69 million taken from the Judiciary, ostensibly for the inauguration of the President. That was not a judicial function. How would you take Kshs69 million from the Judiciary for the inauguration of the President? This is corruption. We have cases where Justice Willy Mutunga went to Kakamega and said: “We have a budget of Kshs320 million to build a new court.” The police even surrendered land to build a new court. Within two months, he came back to Nairobi and transferred it to Kerugoya. I am sure this was political arm-twisting. If a Chief Justice can be politically arm-twisted, then he was not worth what he was supposed to be. Mr. Temporary Speaker, Sir, looking at the structure of the constitution of the Bench and the Judicial Review Bench, there is a young gallant Judge called Mumbi Ngugi. She is courageous, brilliant and very strict with matters of rights. She kept on issuing good orders to protect people’s rights in Kericho. It is not that Kericho is not a court but the biggest abuse of rights in this country is at the centre here in Nairobi. If you look at the constitution of the Bench on constitutional issues, it is the same thing. So, when Willy comes here to pontificate on his imagined successes, I feel very sad because there has been none. He claimed to have reduced the number of cases but there are more judges than before. So, one would expect that to follow as a matter of course. We want to see how the Judiciary has managed the affairs of this country. Mr. Temporary Speaker, Sir, concerning the all important presidential petition, I was embarrassed beyond belief to see the Chief Justice, who is the President of the Supreme Court, purport to read a judgment like a man under captivity for two minutes. He stood there trembling and read a judgement – if you can call it a judgement – for two minutes. Is that the Chief Justice to laud or talk about? 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"
}