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{
    "id": 776493,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/776493/?format=api",
    "text_counter": 116,
    "type": "speech",
    "speaker_name": "Hon. Nuh",
    "speaker_title": "",
    "speaker": {
        "id": 2840,
        "legal_name": "Junet Sheikh Nuh",
        "slug": "junet-sheikh-nuh"
    },
    "content": "Having said that, as much as you have ruled that this is not the right petition for the removal of the JSC, on the other hand, the Judiciary must be accountable to Kenyans because they run their programmes using taxpayers’ money. There are three arms of Government in this country – the Executive, Judiciary and Legislature. The Legislature is held accountable by Kenyans through an election at the end of every five years. If I do not do my work as a Member of Parliament, I will be removed by Kenyans during the next general election. The Executive is accountable to Kenyans through Parliament. We audit them through the various committees of this House. There is even a process for removing a Cabinet Secretary from office as provided in the Constitution. However, if you have a complaint against a judge, the best thing you can do is to write your complaint to the JSC. The JSC is full of judges. There are judges representing the Court of Appeal, the High Court, and the Supreme Court. The President of the JSC is the Chief Justice. What kind of accountability is that even if that arrangement is provided in law and the Constitution? My point is that as the legislative arm of Government, we must come up with a better methodology and mechanism for making sure that the Judiciary, which is an important arm of Government, is held accountable for the Kenyan people. Hon. Speaker, if you look at the way the Judiciary is run at the moment, it is like people who live in ivory tower. You cannot get your complaint to them. The petition that was brought here was not satisfying in terms of law and fact but if a Kenyan has a complaint and you take your complaint to the JSC, it can take ages before that matter is determined by the JSC itself. These are matters raised by Kenyans who have legitimate issues against people working in the Judiciary. Look even at the way they have handled the election petitions. You slap a petitioner with a bill of KShs12 million. I am not a lawyer but I do not think there is anything that warrants anybody to pay Kshs12 million as costs of petition. I am speaking having the privilege of the Floor of the House. Petition cost of Kshs12 million is an abnormality of the highest order. I do not want to lose the point that as a House, through legislation, we must come up with mechanisms, on behalf of Kenyans, to hold the Judiciary accountable. I propose vetting as one of the mechanisms. There must be vetting after three or four years. In five years’ time, I will be vetted by the people of the Republic of Kenya. Who is going to vet judicial officers? There must be a mechanism for vetting them even if it is after every three or four years so that some of the rulings they have made can be ventilated on. I have no problem with Hon. Duale’s election petition. I am very happy that he has won the case. However, there are other rulings people have issues with. We must have a way of ventilating on them. You cannot say anything about the Judiciary in this country for now. If you do, you will be told that you want to finish the Judiciary. I support the independence of the Judiciary since they are the custodian of our Constitution. When we have constitutional issues, we go to the Constitutional Court for interpretation. When the constitutionality of a legislation is in doubt we go to them so that they can look at it and verify whether it is constitutional or unconstitutional. However, that does not give them blanket immunity from questioning of their actions. There is an unwritten rule that gags Kenyans from speaking against the Judiciary. You can say anything you want about Parliament or the Executive but when it comes to the Judiciary, it is a no-go-zone even if a rotten thing has happened there. Lawyers should not take offence with me. I am a Kenyan who needs the services of the Judiciary. When you place a matter before court, you should be able to have sound sleep at night. However, Kenyans are worried at night when they file cases in court. They are not sure how their 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."
}