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{
    "id": 702160,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/702160/?format=api",
    "text_counter": 120,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Kanyua",
    "speaker_title": "",
    "speaker": {
        "id": 981,
        "legal_name": "Priscilla Nyokabi Kanyua",
        "slug": "priscilla-nyokabi-kanyua"
    },
    "content": "Having looked at all the issues that were raised, our findings were as follows: The Hon. Lady Justice Philomena Mwilu has the requisite qualifications, vast experience in the Judiciary and qualifies for the appointment of the position of DCJ of the Republic of Kenya. Hon Justice Philomena Mwilu has a good record which was availed to the Committee. She has never been implicated in issues of lack of integrity and we found that very commendable. On the case that she gave the Committee where she was restituted money from clerks who were conducting corrupt practices in her court, we found that she is somebody who can fight corruption in the Judiciary and the Report says as much. On the final point of the matters raised by Hon. Alice Wahome, the nominee explained to the Committee that she did not cause the delays in the Election Petition No.20 of 2008. There were four interlocutory applications in the matter that had to be dealt with. She explained to the Committee that the bad blood appears to have come from the Supreme Court case and went on to follow the Alice Muthoni Wahome v. James Maina Kamau case. In the end, having heard the evidence, looked at the findings and the report that she gave to the Committee, the Committee is completely convinced that the case of Alice Muthoni Wahome was discharged. The matter was raised before the Judges and Magistrates Vetting Board and in several other places. It was raised before the Committee and it was convinced that the Judge was not guilty of the allegations that were filed. In any case, the matter of bribery, which Hon. Alice Muthoni Wahome alleged on the part of the judge, should be investigated by the Ethics and Anti- Corruption Commission (EACC). As far as the nominee is concerned, we are convinced, as a Committee, that being a Judge in the Supreme Court case, she was one out of three, and so, her judgement was not the binding judgement. In the matter of Alice Muthoni Wahome v. James Maina Kamau, the Judge conducted herself in the manner in which a judge is supposed to in handling that case. There were a few dissenters in the Committee although majority of the Members agreed that the nominee should proceed to be approved by the House. The following dissented:- Hon. Irungu Kang’ata, Hon. John Njoroge and Hon. Benson Mutura. The rest of the Members of the Committee were in agreement that the nominee for the position of Deputy Chief Justice (DCJ), Hon. Philomena Mbete Mwilu, is a good nominee and her appointment should progress should this House agree with the Report of the Departmental Committee on Justice and Legal Affairs. We found the Judge to be firm, courageous, religious and positive in engagement of social work including education of students who are not able to pay fees. We found a good combination of judicial function and managerial experience. We found her understanding of the role of the DCJ to be good, which is, firstly, to assist the Chief Justice and secondly, to sit as a Supreme Court Judge in that capacity to make decisions that move the country forward. We have no doubt in our mind as we move the House to accept and approve the nomination of Philomena Mbete Mwilu. We also looked at the matter of regional balance as it relates to the Supreme Court and we think on that score, again, she fulfils the requirements that we would be looking at. I beg that the House approves the appointment of Lady Justice Philomena Mbete Mwilu to the Office of Deputy Chief Justice of the Republic of Kenya. Let me end by pointing out that we noted the history and the path other Deputy Chief Justices have taken. The first Deputy Chief Justice was Hon. Nancy Baraza, the second was Hon. Rawal and Hon. Lady Justice Mwilu is the third Deputy Chief Justice. We wish her well as she conducts her work and as she moves to this new office. We are completely convinced that she merits. I am begging the House to approve this particular nominee, so that she assumes this office and serves the Republic in the way she explained to the Committee, that service to The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
}