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{
    "id": 82948,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/82948/?format=api",
    "text_counter": 350,
    "type": "speech",
    "speaker_name": "Mr. Abdikadir",
    "speaker_title": "",
    "speaker": {
        "id": 1,
        "legal_name": "Abdikadir Hussein Mohamed",
        "slug": "abdikadir-mohammed"
    },
    "content": "Mr. Speaker, Sir, this is a great day for Parliament, and for anybody who was wondering whether or not the implementation of the new Constitution will take place on time and/or properly. This week has been a great week. On Tuesday, this House passed the Bill on the implementation of the Constitution. Today, we are doing the first set of vetting for the Judicial Service Commission. The Judiciary is probably the most critical of the three arms of Government. A country can live with a mediocre Parliament. It can live with a mediocre Executive, as we have done, but it is absolutely unacceptable to live with a mediocre Judiciary. Mr. Speaker, Sir, the Judiciary has been an institution with a lot of problems. Those problems are not all the making of the Judiciary. The Judiciary, as an institution, requires the support of Kenyans and the support of each institution, because the Judiciary is the guarantor of the liberty of the people. It is the guarantor of the Constitution. They say that when the people fear government, it is anarchy, and when government fears the people, it is liberty. That liberty is guaranteed by the Judiciary. Some of the problems of the Judiciary relate to funding. The Constitution now guarantees independent and adequate funding for the Judiciary. The other problem has been institutional framework. The Judicial Service Commission is the start of the proper framework for the Judiciary. Mr. Speaker, Sir, we used to ask ourselves: âDo judges need performance contracts?â Yes, they do, but we did not have the framework to be able to hold them to performance contracting. Who was going to hold them to that level? Was it Members of Parliament? No, because they have to be independent of Parliament. Was it the Members of the Executive? No, because they have to be independent of the Executive, because we have separation of powers in terms of the independence of the Judiciary. We now have, through the Judicial Service Commission, the adequate framework that is going to hold judges and magistrates accountable, so that they come on time for their jobs, so that they perform and handle an adequate number of files per week, so that they can serve the people of Kenya without their independence being infringed upon by the Executive. Mr. Speaker, Sir, the Kenyan Judiciary has very many good people, who work very hard for long hours, and who get very little pay, especially in the magistracy. It is now important that, through this judge and the lady magistrate, whom many of us have not heard of, but who impressed the Committee - Justice Lenaola impressed the Committee - it is possible for Kenyans to look at their Judiciary and say: âso-and-so is a good person.â I am happy that the first two people we are approving as far as the Judiciary is concerned, are sitting members of the Judiciary. It makes fallacious the assumption that everybody or everything in the Judiciary is bad, because, indeed, it is not. Indeed, the difficulties of the Judiciary are not just of the Judiciaryâs making. Mr. Speaker, Sir, I am happy that the process is moving forward this way. I am also happy that Parliament has stepped up to the plate once more. It is important for members of the public to have confidence in the fact that this House has time and again demonstrated the fact it is able and willing to do what it is asked to do. It is amusing to hear the debate between the Attorney-General and people who have been in the struggle. I think it is a good thing that we are having this debate because it was not possible to have this debate a few years back, and that even the space of Parliament has been expanded to such levels. So while we support these two individuals who have been approved, can we rededicate ourselves to the fact that we are going to move forward as required by the Constitution? Those who fear that Parliament may not do justice to them, this is adequate explanation and clear indication that this is the way to go. I am sure we, as parliamentarians, shall perform. I beg to support."
}

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