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{
    "id": 776477,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/776477/?format=api",
    "text_counter": 100,
    "type": "speech",
    "speaker_name": "Hon. Ng’ongo",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "Hon. Speaker, first, I would like to congratulate the Leader of the Majority Party for winning his petition. Even though we come from different political sides, we are good friends on personal lines. I would like to congratulate him for that. It is not easy to go through a petition. Also, I congratulate all the other Members who have won and pray for those who are still facing petitions. Secondly, I did not want to talk on this matter after you have made your ruling, which is well informed and grounded in law. There is very little to add. However, there is just one issue I wanted to address you on, which probably in future may become an issue. I am raising this well aware that the Hon. Speaker has the capacity to address this matter. Our Constitution separates the powers of the three arms of Government. I do know that Parliament is mandated to initiate the process of removal of State officers from office, including commissioners. However, I am not sure whether the drafters of the Constitution contemplated a situation where an individual would want to remove an entire commission from office at once by citing individual members, just like the said Njenga has attempted to do. That raises the fundamental question of how this would affect the independence of the Judiciary, if we, as a House, are going to address ourselves to removal from office of entire commissions in the name of removing individual commissioners. Hon. Speaker, when I heard of this petition, I started wondering how, if at all it were to be found admissible, Parliament would determine the boundary in exercising its powers under Article 251 of the Constitution, of removal of commissioners from office, vis-a-vis protecting the independence of the Judiciary, especially where the petitioner questions the performance of those commissioners in their duty of executing their mandate. It is probably something that you would not address yourself to now. However, I just wanted to raise it so that in future it does not appear like Parliament is trying to interfere with the performance of the JSC as an entity in pursuit of individual commissioners being investigated or facing a process that would lead to their removal from office. The names which were cited comprise of all the commissioners, except the vacant positions. This means the petitioner had a 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."
}