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{
    "id": 820979,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/820979/?format=api",
    "text_counter": 417,
    "type": "speech",
    "speaker_name": "Nominated, JP",
    "speaker_title": "Hon. (Ms.) Shamalla Jennifer",
    "speaker": {
        "id": 13169,
        "legal_name": "Jeniffer Shamala",
        "slug": "jeniffer-shamala"
    },
    "content": "Most importantly is the amendment on the Judicial Service Act, No. 1 of 2011, which proposes to delete the expression “within three days of receipt of the name” and substitute therefor the expression “within three days after approval by the National Assembly”. Why? It is because, when you look at the final Report on the Constitution which was known as “TheReview Commission Final Report” or “The Ghai Report”, this is what was reported as to what the people said. On page 313 of the Report, it was stated that the Judicial Service Commission should have its membership drawn from the legal fraternity, the Judiciary, professional bodies and other interest groups and that the appointments of the commissioners shall be made by the President after Parliament’s, in the form of a Parliamentary Judicial Committee’s approval. These were the recommendations of that Ghai Report. The underlying principle was that sovereignty is the will of the people; it is inalienable. Indeed, the first nominees to the Judicial Service Commission such as Justice Lenaola, Emily Ominde, Ahmednasir, Florence Mwangangi amongst others were all vetted by the 10th Parliament. Glowing tribute was made on this vetting process by none other than the Hon. Martha Karua, Hon. James Orengo and the late Mutula Kilonzo. It, indeed, was the will of the people. However, I remain very disturbed because, even when we pass this amendment, it will be none other than Yash Pal Ghai who was the Chairman of this commission and his various networks that will rush to court to challenge this amendment. Yash Pal Ghai and his organisation called Katiba Institute have gained enormously from the constitutional review process of our country. This gain has been private by ways of contributions to their organisations. He gets funding to file or be enjoined in what is known as strategic impact legislation. No one to date has questioned this. We all know that Maina Kiai vs Independent Electoral and Boundaries Commission (IEBC) petition sought amongst other declarations that presidential results at the constituency level would be final and not subject to alteration other than by an election court. Yash Pal Ghai and his organisation were enjoined in the suit as a micuscuriae . An a micus curiae is a friend of the court who is supposed to take no position whatsoever that will favour one party or the other. He failed to inform the court that it was his own recommendation that the electoral commission should be accorded the power to deal with certain electoral disputes and offences immediately. It should devise a way of resolving arguments that arise in voting processes without waiting until a full scale election petition hearing takes place. 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."
}