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{
    "id": 966742,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/966742/?format=api",
    "text_counter": 241,
    "type": "speech",
    "speaker_name": "The Deputy Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Thank you, Sen. Orengo. We might have to reflect further. I have alluded to this but not deep enough. The instruments, apparatus and institutions of criminal prosecution reside with the national Government. Governments all over the world compete and struggle for jurisdiction. A country can have bad administration and we have even had one in this country. One way of emasculating devolution is through the use of the apparatus of criminal justice system and power of devolution. We do have the mechanism for removal of a governor or a deputy governor from office if he is not doing well in the Constitution. However, as noted by the Senior Counsel, the threshold is so low. It is actually enough to meet the threshold in Article 181 of the Constitution if one suspects a governor of doing something. Finally, I think the learned Judge Ngugi made her judgement in haste. I have read it several times; and I believe she could have been busy. She was dealing with an application at that given time and from the language, she was trying to say that she is not sure but was just reflecting on this issue. She was more or less just posing questions. I am saying this because one of the decisions that she refused to admit which had been submitted was the decision about the Deputy Chief Justice. I know that this is not relevant to this but for the same reasons, I believe that it is unconstitutional and against the independence of the Judiciary to submit a sitting Judge whose mechanism for removal is provided for through the process, like what the Deputy Chief Justice is going through. This is because it actually violates the entire architecture of the Constitution and the independence of Judiciary. My argument is that the information regarding a Judge who has committed a crime should be taken to the Judiciary Service Commission which is the proper mechanism for removal. After that, the Judge can be prosecuted when they have vacated office. To bring a Deputy Chief Justice of the Republic to appear before a magistrate, is like violating the entire judicial structure and making it look like a mockery. What do you expect that magistrate to say or do?"
}