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{
    "id": 939293,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/939293/?format=api",
    "text_counter": 106,
    "type": "speech",
    "speaker_name": "Sen. Wetangula",
    "speaker_title": "",
    "speaker": {
        "id": 210,
        "legal_name": "Moses Masika Wetangula",
        "slug": "moses-wetangula"
    },
    "content": "Mr. Speaker Sir, the history of the Judiciary in this country, as has been said by the Senate Majority and Minority leaders, is a long story to tell. Sen. Orengo can remember that there was a European Judge called Dugdell, who used to write rulings and judgments and carry files to State House to read them to people in the dark days, to allow him to pronounce them in court because of fear. That was the time when Guy Muli had calmed the House and removed the security of tenure not only of judges, but of himself as well. Eventually, he was sacked and he did not have anywhere to turn to. Therefore, when we see the Judiciary going through what it is going through, it worries many people. This is because it is the only avenue that presides on and resolves disputes between individuals and individuals; individuals and the State; and the State and individuals. When all is said and done, when you have a problem, you have to go to court. There is no Wild West in Kenya. We have heard the Judiciary and members of the Supreme Court being called “wakora”. That was an indication of things to come. Mr. Speaker Sir, I watched Chief Justice Maraga on television the other day. I actually sympathized with his situation. Like Sen. Murkomen said, some of those problems are self inflicted, because the Judiciary still has power and constitutional protection. We have seen the total disregard of Article 165 of the Constitution that protects members of the Judiciary when they make decisions that are honest. We have seen members of the Judiciary being bastardized for making decisions. The Chief Justice himself sacked a magistrate in Kiambu, Brian Khaemba, for granting bail to Governor Waititu. This is like a saw; “it cuts going and cuts coming”. We must have a country that respects the rule of law. In this country, under the Constitution, the strongest of the three pillars of Government - the Judiciary, the Executive and the Legislature - is the Judiciary. The Judiciary can strike out our decisions. We cannot strike out their decisions. The Judiciary can render an appointment of the president invalid. When it comes to the judicial management of its affairs, the President should be advised. Those who have the responsibility to advice like the Attorney-General should tell the President to look around the world. Former presidents in Brazil, Argentina and Chile are all in jail. The former President of South Korea, Roh Moo-hyun even committed suicide, because the things we do come round to haunt us. Who ever imagined that after retirement, former President Moi would live in courts defending the many things he did as a Head of State, including ownership of property? Who ever imagined that, yet it happened? Mr. Speaker Sir, once you leave office, you are mwananchi wa kawaida ---"
}