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    "id": 69007,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/69007/?format=api",
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    "content": "interest. It is immaterial whether or not such a JSC member in fact constitutes influence or pressure on the Tribunal. The near possibility or appearance of influence is sufficient cause for concern and will amount to a plot on the ostensible independence of the Tribunal in question. Accordingly, this is likely to subvert the core function of the Judicial Service Commission which is to promote and facilitate the independence and accountability of the Judiciary and the efficient and the effective transparent administration of justice. I dare add that the law firm of Kaplan and Stratton that shared this opinion made it clear that this contribution does not arise from any objection to any candidate, current or future. It is however, based on and inspired by the principle that left unchecked this lacuna in the law could in time become the most regrettable corrosive element on the independence of the Judiciary ever. The Committee considered this matter at length and we reached a conclusion that the Constitution is not clear on this matter, even though the same Constitution points out the importance of ensuring that any holder of a public office is not encumbered by reason of conflict of interest. Therefore, the Committee wishes to put it on record that this House should consider that and among the recommendations we have made is that perhaps, we need legislation to address this particular matter of an advocate who is in active legal practice and actively mitigating before courts, and also sits in judgment as an employer of judicial officers. Mr. Temporary Deputy Speaker, Sir, in respect of Mr. Ahmednassir Abdullahi, the Committee notes that he is an advocate of the High Court of Kenya since 1991. He holds a Master of Laws degree from Cornell University and has previously taught law at the University of Nairobi. He also has previously chaired the pioneer Kenya Anti- Corruption Advisory Board from which he resigned in controversial circumstances. The nominee was the Chairman of the Law Society of Kenya between 2003 and 2004. He is currently a director of the First Community Bank in addition to being a publisher and editor-in-chief of the Nairobi Law Monthly Magazine . The nominee is also a columnist with S unday Nation Newspaper. On the basic requirements of academic and professional competence and ability to be politically objective, the Committee found this candidate to be suitable. But the Committee also wishes to note that the issue of an active litigating advocate serving on the Judicial Service Commission and, therefore, raising the possibility of conflict of interest applies to Mr. Ahmednassir Abdullahi in the same manner as it does to Mrs. Mwangangi. Secondly, the Committee received two formal complaints against Mr. Ahmednassir Abdullahi that touched on his integrity and moral probity. The first complaint came from the National Bank of Kenya accusing Mr. Ahmednassir Abdullahi of violating principles of professional confidentiality. The bank contended that Mr. Ahmednassir Abdullahi had acquired in suspicious circumstances its confidential records relating to a matter in court in which Mr. Ahmednassir Abdullahi also had an interest. The Committee considered this matter at lengthy and even invited the nominee for further clarification after receiving oral representation from the bank’s legal department. In doing this, the Committee inquired into whether this matter raised a question of integrity in terms of Chapter 6 of the Constitution that speaks to the subject of leadership and integrity. The Committee noted that this matter though indeterminate could not be ignored."
}