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{
    "id": 789241,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/789241/?format=api",
    "text_counter": 200,
    "type": "speech",
    "speaker_name": "Hon. Ng’ongo",
    "speaker_title": "",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "(c) appointed by the President.” That applies only where the Constitution does not provide otherwise. The Constitution has provided otherwise under Article 171 of the Constitution on how to appoint members of the JSC. There are people who hold that opinion. There are others who also feel that, that opinion is not correct. Hon. Speaker, Hon. T.J. Kajwang’ was consulting with you when I was saying that, according to Article 171 of the Constitution, there are other members of the JSC. Many of them were elected by the Supreme Court Judges, High Court Judges and Magistrates Courts. There were also those who were elected by the LSK. These people were not vetted by Parliament but they sit in the JSC. Therefore, if we subject Justice Warsame to vetting, we should either recall their appointment to the JSC and vet them so that they go through the normal process or we declare the JSC, as currently constituted, illegal and unconstitutional. Hon. Speaker, this is a very weighty matter. Sometimes these things get mixed up or jumbled up that you may not even know what you are dealing with. I am trying to bring the House back to what the Committee is asking us to do. What it is asking us to do is something we can support. The Committee has looked into a number of cases in front of us. We have been injuncted and, therefore, can we proceed and meet the deadline, if we were to vet Justice Warsame? No, we cannot. Therefore, the Committee is saying that having looked at all those matters they are not able to vet this member of the JSC. Let us leave the matter to the courts to deal with it. If they will determine that the vetting of Justice Warsame has to be done by the House, we will then proceed from there. The issue of time lapse will not matter because we are aware that the matter is in court. If the court will determine that Parliament should not vet, it will be a precedent-setting. The 10th Parliament did what had to be done and in the 11th Parliament, we did it differently but now this one will be a precedent-setting unless someone appeals and it goes to the highest court on the land. Going forward any appointment through election or any nomination through election by any commission will have to come through parliamentary process."
}