Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 776473,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/776473/?format=api",
    "text_counter": 96,
    "type": "speech",
    "speaker_name": "t",
    "speaker_title": "",
    "speaker": null,
    "content": "(b) may contain affidavits or other documents annexed to it.” Hon. Members, a further close look at Article 251 of the Constitution and Standing Order 230 reveals that a petition to this House pursuant to Article 251 of the Constitution must relate to an individual. The grounds advanced against the individual must be stated with particularity and be adequately supported in order to guide the Speaker and the House in admitting the petition or subsequently recommending the formation of a tribunal as stipulated under the Article. The petition filed by the said Adrian Kamotho Njenga is couched in corporate terms and therefore fails the admissibility test on that count. Hon. Members, in the particulars provided in support of the omnibus grounds for removal of the cited members of the JSC, the petitioner alleges discrimination and victimisation by the Commission in the treatment of complaints and disciplinary proceedings against named judicial officers. It is my considered opinion that disciplinary proceedings commenced against judges or other judicial officers are in the nature of administrative actions governed by Article 47 of the Constitution on fair administrative action, and the provisions of the Fair Administrative Action Act, 2015. You may agree with me that this House is not an appellate forum for ventilating appeals arising out of administrative proceedings of the JSC. I wish to caution members of the public that Parliament is not a place to settle constitutional grievances without first adhering to the very same Constitution that they seek to rely on, especially matters administrative. Consequently, a judge or complainant aggrieved by any administrative action taken or not taken by the JSC has an adequate remedy in judicial review before the courts. Hon. Members, as a matter of procedure, the Petition to Parliament (Procedure) Act, 2012 obliges the Clerk of the National Assembly to verify the admissibility of a petition to the House and advise the Hon. Speaker on whether the petition should be tabled in the House. Where a petition is found to be inadmissible, the Clerk responds to the petitioner, drawing his or her attention to the nature of inadmissibility. I have taken this unprecedented step of issuing this communication to the House on this petition before its tabling in light of the subject it relates to; being a constitutional commission which deals with matters of one arm of the Government, and the amount of public interest that this petition has generated. Therefore, I accordingly direct that the petition by the said Adrian Kamotho Njenga is hereby inadmissible as it seeks the removal from office of the chairperson of The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}