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{
    "id": 82872,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/82872/?format=api",
    "text_counter": 274,
    "type": "speech",
    "speaker_name": "Mr. Baiya",
    "speaker_title": "",
    "speaker": {
        "id": 8,
        "legal_name": "Peter Njoroge Baiya",
        "slug": "peter-baiya"
    },
    "content": "Mr. Deputy Speaker, Sir, I beg to move the following Motion:- THAT, this House adopts the Report of the Departmental Committee on Justice and Legal Affairs on the appointment of members of the Judicial Service Commission laid on the Table of the House on Tuesday 19th October, 2010. Mr. Deputy Speaker, Sir, the Report laid on the Table relates to the appointment of the members of the Judicial Service Commission under the new Constitution. Article 171(1) of the new Constitution sets out the various bodies and organs that are to appoint members of the Judicial Service Commission. All of them come to about 11. The Report we are tabling recommends the appointment of two members of the Judicial Service Commission pursuant to Section 171(b) that relates to the appointment of members of the Judicial Service Commission elected by the Judges and Magistrates Association. Mr. Deputy Speaker, Sir, in the transitional provision of the Constitution, Clause 20(1) of the Fifth Schedule provides that the Judicial Service Commission shall be appointed within 60 days after the effective date. The Commission shall be deemed to be properly constituted under this Constitution despite the fact that there may be a vacancy in its membership, because any of the bodies nominating or electing members have not done so. Mr. Deputy Speaker, Sir, therefore, this House has had only 60 days from the effective date of the new Constitution, which was 27th of August, 2010 to appoint members of the Judicial Service Commission under transitional Clause 21. So, by appointing the first two members of this Judicial Service Commission under this clause, it is anticipated that the other organs will in due course appoint the various members and there will be full compliance with the new Constitution and no objection may be raised."
}