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{
    "id": 847974,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/847974/?format=api",
    "text_counter": 421,
    "type": "speech",
    "speaker_name": "Nominated, JP",
    "speaker_title": "Hon. (Ms.) Shamalla Jennifer",
    "speaker": {
        "id": 13169,
        "legal_name": "Jeniffer Shamala",
        "slug": "jeniffer-shamala"
    },
    "content": "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. I have used this example to show that in the redraft of Yash Pal Ghai lies the entire history of the Constitution-making process. It is, therefore, important that we must read it to understand what it is that the people of Kenya wanted. The Legislature and the President are vetted by the people of Kenya. The JSC appointments are vetted by this Parliament. Could it be that only the Judiciary and their appointment to the JSC that should not be vetted? I highly doubt it was the case. I, therefore, state very clearly that when the Constitution of this country was being formed, the people of Kenya did not want imperial presidency, legislature or judiciary. I, therefore, state very clearly that, indeed, when the Constitution of this country was being formed with the people of Kenya, they neither wanted an imperial presidency, an imperial legislature nor an imperial judiciary. With those few remarks, I support. However, there are some amendments as was referred to by the Chair of the Justice and Legal Affairs Committee more specifically on the proposed amendments to remove the Ethics and Anti-Corruption Commission (EACC) as an investigative agency on behalf of the Director of Public Prosecutions (DPP)."
}