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"content": "Mr. Temporary Speaker, Sir, today we have been to Pangani Police Station. Now, more than ever before like Sen. Musila said, the police are trampling on people’s rights with total abundance. I said that detestable as Moses Kuria is in his utterances and behaviour, he has rights that must be protected and defended. Nobody has a right in a matter of hate speech to lock up anybody, leave alone an MP, for four days ostensibly because you are investigating. I laud the magistrate who said that Babu Owino cannot be held in custody because all the witnesses listed in the charge sheet are policemen and he is unlikely to interfere with policemen who will be witnesses against him. The case of our colleagues who are in custody is one case which the High Court, properly functioning, does not even need anybody to move it. It can go by way of case stated, place the file before a judge and review the order locking up our colleagues who are in total squalor. Mr. Temporary Speaker, Sir, we were at Pangani Police Station for three hours but the police completely refused Hon. Raila, Hon. Kalonzo, Governor Joho, Governor Kidero and I to see our colleagues. But more importantly and fundamentally, as we were sitting there, members of the public who had come to see other remandees and ourselves were brutally teargassed and dispersed. I saw policewomen younger than my dear colleague sitting across with belts like Rambo. They were throwing teargas as if it is a picnic. The country cannot degenerate to this level. These things happen because the Judiciary is unable to hold anybody to account, courtesy of Willy Mutunga, for the period he has been the Chief Justice. Mr. Temporary Speaker, Sir, in the good old days, if the former President and those who ran the Judiciary did not like you as the Senator for Kajiado, they would trump up a case against you in Kajiado and send a special judge there. In those days, it used to be an Indian who would preside over the case, jail you and be transferred back to Nairobi. The same thing happened to me. He posted a judge in Bungoma to specifically hear my petition. On the day of judgement, the judge was transferred back to Nairobi. I cannot call that a coincidence and this is the Chief Justice that we are supposed to be praising. Mr. Temporary Speaker, Sir, if you go to the Supreme Court Library, the High Court Library or any library anywhere in the Commonwealth, pick the book and look for Justice Chunilal Bhagwandas Madan, you will see great judgements by that illustrious son of this country who was not even African but Indian. I cannot say the same of Willy Mutunga. Mr. Temporary Speaker, Sir, I am happy that you have given me an opportunity to speak. I came rushing because I was out of the country but I want to say this. Willy Mutunga has left the Judiciary in disarray, more corrupt and more anti-people than he found it. He does not support any human rights, he does not support the Bill of Rights or deal with issues of judicial review to check the Executive. He has just left the Judiciary in disarray; worse than he found it. I wish him well where he is going to. I have heard that he is going to Maldives, a beautiful island. I have been there before and I am sure he is going to enjoy himself. Let him write his books. I hope he will have time to outline his failings as a Chief Justice."
}