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{
    "id": 847570,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/847570/?format=api",
    "text_counter": 17,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Pursuant to the provisions of Standing Order 225(2)(b), I wish to convey to the House that my office is in receipt of a petition from one Mr. Geoffrey Otieno Ogola of P.O. Box 94-40300, Homa Bay on behalf of Homa Bay Citizens Association regarding a proposal to amend the Constitution to establish an elected Jury to end the exercise of sovereign power of the people by the Judicial Officers. The Petitioner submits that Clause 2 of Article 1 of the Constitution clearly and unequivocally provides that only representatives democratically elected by the people are authorised to exercise sovereign power of the people on behalf of the people. He also contends that Judges and Judicial Officers of subordinate courts have not been subjected to democratic elections as provided for under Clause 2 of Article 1 of the Constitution and are therefore exercising the sovereign power of the people illegally. The Petitioner contends that the new Constitution radically changed the legal landscape and in the case of the judicial system, Article 1(2) invalidated the previous constitutional order that empowered judicial officers to exercise judicial power solely by the virtue of delegation or vesting of sovereign power in the institution of Judiciary. They also believe that the spirit of Chapter 1, Clause 3 of Article 1 of the Constitution, is to establish the three organs of the State and dividing sovereign power among them for purposes of creating a system of checks and balances and not empowering them in the exercise of sovereign power of the people. The Petitioners are praying that the National Assembly proposes amendments to the Constitution to establish an elected jury system to take over the role of rendering verdicts and setting penalties from judges and judicial officials of subordinate courts in order to fulfil the requirements of Article 1(2) of the Constitution and makes such other amendments as it may deem fit to ensure that aspirations of the people of Kenya as enshrined in the Constitution prevail within the institution of the Judiciary. Pursuant to the provisions of Standing Order 227, this Petition therefore, stands committed to the Departmental Committee on Justice and Legal Affairs for consideration. I urge the Committee to engage the Petitioners, address the Petitioners’ prayers and report its findings to the House in accordance with Standing Order 227(2). I thank you. There is a Petition by Hon. Didmus Barasa."
}