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{
    "id": 939279,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/939279/?format=api",
    "text_counter": 92,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": " Thank you, Mr. Speaker, Sir. I want to begin as a witness. There was one time when I was at the airport going to Kisumu. I found the Chief Justice of South Africa at the Kenya Airways Lounge. This is a man who is admired in South Africa for many reasons, and he is a born-again Christian. While he was there, there was no Government officer with him. He was accompanied by the former Chief of Staff of Chief Justice Mutunga. He was awaiting the arrival of Chief Justice Maraga. I went and engaged him in a conversation. While I was talking to him, somebody else came and sat on the arm of the chair where he was seating. I got into an argument with him that this is the Chief Justice of South Africa. I felt terrible that the Chief Justice of the Republic of South Africa, a man who is almost idolized in South Africa, could be treated in the manner in which he was being treated on that day. Characteristic of him, he had a Bible which he was reading and I interfered a little bit with that reading of the Bible. I want to be very plain on this issue. The Executive has become rogue in this country. That must be said. The reason why I am saying the Executive has become rogue is because even on this appointment of the Judges, if the National Intelligence Service (NIS) wanted to judge the Cabinet Secretaries on the standards that they are using against judges, not a single Cabinet Secretary who is sitting in this Cabinet would be there today. If you look at the issues that some of these judges are being confronted with, it is double standards. It should be known that the Judiciary never interferes with the appointment of public officers in the Executive. Why should the Executive interfere with the appointment of Judges? Their role ends with the Judicial Service Commission. Once that role has been performed as required under the law and as the Leader of Majority has said - the Attorney-General sits in the Judicial Service Commission - that should be the end of the engagement. I would like to say plainly, Achieng Oneko, and Jomo Kenyatta went to prison because we had a Judiciary which was not independent. Matters came out clearly that that conviction should not have taken place in the first place. Since we did not have an independent Judiciary, Jomo Kenyatta spent seven years in prison because a magistrate was mobilized and taken to Kapenguria instead of having a case in Nairobi, which is also irregular. In 1990, when two judges said that Kenneth Matiba had filed a proper petition before the court challenging the election of the President, the two judges who made that ruling, Judge Togbo and Judge Coldrey were dismissed just on account of making the right decision. I dare say, subsequently, if we had an independent Judiciary, Kenneth Matiba would not have been detained for the time he was detained. Therefore, I am appealing to the President of the Republic of Kenya because we are going through a very important transition; and his tenure is ending in two or three years‟ time, that it is important that he protects these institutions. The reason as to why I am saying the Executive has gone rogue is that even in Parliament - I said it here and the National Assembly saw it yesterday - there has been abuse of the use of Article 115 of The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}