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"speaker_name": "Mr. Olago",
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"content": "Mr. Deputy Speaker, Sir, I rise and have the honour to second this Motion for the adoption of the Report of the Committee on Justice and Legal Affairs. Mr. Deputy Speaker, Sir, the appointment of the two candidates is the first of a series of exercises that our Committee has to undertake. From the outset, I wish to say that setting up a new Judicial Service Commission will be the first step in getting Kenya on the right track to justice and fairness. It is going to be a variation from the Judicial Service Commission (JSC) that we have in place now. Hon. Justice Isaac Lenaola and Principal Magistrate, Ms. Emily Ominde, are nominees of the Judiciary. This is a man and a lady who have the confidence of their peers. They held their elections under the umbrella of Kenya Magistrates and Judges Association and came up with those two names. Mr. Deputy Speaker, Sir, I wish to reiterate that the first candidate, Justice Isaac Lenaola, is a youthful judge who can mutate, if given the chance, into Lord Denning of Kenya. Justice Lenaola, for those lawyers in the House who know him or non-lawyers who are interested in the judicial records of this country, will say he has had decisions that have formed precedence in Kenya and have been supported by the highest court under the last Constitution, that is, the Court of Appeal. Mr. Deputy Speaker, Sir, the injection of these two names into the new JSC will be a milestone in enriching our jurisprudence. Justice Lenaola is intellectually smart and appreciates the honourous task of writing judgments. He has also been a member of the reform team to the Judiciary. He is, therefore, competent and most suited to be appointed to the JSC as newly constituted. Mr. Deputy Speaker, Sir, the Principal Magistrate Emily Ominde, enjoys confidence and respect from her peers. She is equal to the task of being appointed a member of the JSC because of her wealth of experience. She also possesses the ingredients of the kind of person that is suitable for the appointment that is being set by Parliament. She has served as a magistrate in various stations in Kenya and it is crucial to note that having served in these stations, has prepared her for further challenges of whatever nature that may come in her area of jurisdiction, particularly, where litigation is concerned. It seems to me that with her articulate and sharp mind, she is an ideal person for appointment to the new JSC. Mr. Deputy Speaker, Sir, I wish to reiterate an issue that hon. Baiya has mentioned, that is, the requirement of the Constitution in constituting the JSC. If you look at the provision in the Constitution pertaining to the creation of Commissions, the JSC stands alone because it is not set by Parliament, but by the Constitution itself. So, as we stand here, it has been set and the Constitution is very clear. It says that once appointment is made irrespective of any vacancy, the Commission will be in place. That way, we shall be able to beat the deadline of 26th October. The rest of the Members of the Commission will be presented to Parliament for approval. It is worth noting that this week, on 25th October, 2010, members of the Law Society of Kenya will be holding elections to submit two names - a name of a man and a woman â to be considered by the House. We expect that this honourable House will endorse the two names from the Committee on Justice and Legal Affairs to be presented to the President and hon. Prime Minister for appointment. Once that is done, we shall have beaten the deadline and the Commission shall be in place. Mr. Deputy Speaker, Sir, with those few remarks, I beg to second this Motion."
}