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{
    "id": 966668,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/966668/?format=api",
    "text_counter": 167,
    "type": "speech",
    "speaker_name": "The Deputy Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "I took a lot of time to read, because I wanted to make sure the ruling I make is one that is constitutionally sound, and protects whoever needs to be protected by law. However, whoever is exposed has no recourse. They have to face the consequences of fate. The learned judge is of the view that Section 62(6) of the Anti-Corruption and Economic Crimes Act is unconstitutional because it perpetuates discrimination. Some State and public officers can be suspended from office once they are charged, while others cannot. She, therefore, says that is discrimination. Secondly, she says that it runs contrary to the values of Chapter Six on integrity, and the much touted values, as well as national values in Article 10, which includes integrity as a national value. That is the view from Justice Mumbi Ngugi in declaring this sub-section unconstitutional. While Justice Ngugi’s judicial activism and purposive interpretation of the Constitution is laudable, if not admirable, I respectfully disagree with her views on Section 62(6) of the Anti-Corruption and Economic Crimes Act. It is noteworthy that a full application of her views on this Section would mean that State or Public officers, including Members of County Assemblies (MCAs), MPs, including Senators and Governors, Judges like herself and members of Independent Constitutional Commissions, once charged with corruption or economic crimes, shall be suspended from office until when the criminal process abates or the charges are otherwise terminated. The learned Judge is, respectfully, wrong. Subsection 6 of Section 62 exempts state or public officers from suspension during a criminal trial, in respect of whom the Constitution has provided an alternative mechanism for their removal. 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."
}