Entry Instance

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{
    "id": 776462,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/776462/?format=api",
    "text_counter": 85,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, I wish to inform the House that my office is in receipt of a petition from one Adrian Kamotho Njenga seeking the removal of Hon. Justice David Maraga, Hon. Lady Justice Philomena Mwilu, Hon. Justice Mohamed Warsame, Hon. Justice Aggrey Muchelule, Prof. Tom Ojienda, Hon. Emily Ominde and Hon. Mercy Deche as members of JSC pursuant to Article 251 of the Constitution. In support of the Petition, the Petitioner outlines a number of particulars including, among others: i. Violation of Article 3, defence of this Constitution, Article 10 on national values and principles of governance, Article 27 on equality and freedom from discrimination, Article 35 on access to information, Article 73 on responsibilities of leadership, Article 168 on removal from office, Article 172 on functions of the Judicial Service Commission and Article 232 on values and principles of public service. ii. Discrimination and victimisation in the treatment of complaints and disciplinary proceedings against judicial officers. iii. Failure to recommend persons for appointment as Judges of the Court of Appeal. Hon. Members, the Petitioner calls upon the National Assembly to exercise its mandate under Articles 94, 95 and 251 of the Constitution to ensure that the JSC does not degenerate into further mediocrity on account of unconstitutional conduct by its members by holding the seven commissioners accountable for derogation from binding constitutional standards. He prays that the House: (i) Finds the seven commissioners, jointly and severally: a. to have contravened the Constitution and the law; b. to have committed acts of gross misconduct in the performance of functions or otherwise; and, c. incompetence. (ii) Finds that the Petition discloses overwhelming grounds for removal of the seven commissioners as enunciated in Article 251(1) of the Constitution. (iii) The House be pleased to send the Petition to His Excellency the President, for the appointment of a tribunal to investigate the matter expeditiously, report on the facts and make a binding recommendation to the President. Hon. Members, as you are aware, petitions to this House are governed by the provisions of Article 119 of the Constitution where any member of the public can petition Parliament to consider any matter within its authority, including the enactment, amendment or repeal of legislation. Further"
}