7 Nov 2019 in Senate:
Article 173(3) of the Constitution states-
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7 Nov 2019 in Senate:
“Each financial year, the Chief Registrar shall prepare estimates of expenditure for the following year and submit them to the National Assembly for approval.” Further Article 173(4) states- “On approval of the estimates by the National Assembly, the expenditure of the Judiciary shall be a charge on the Consolidated Fund and shall be paid directly into the Judiciary Fund.”
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7 Nov 2019 in Senate:
The action by the Executive to impose budget cuts on the Judiciary and Parliament is, not only unconstitutional and illegal, but undermines the power and constitutional mandate of Parliament. Only Parliament can amend the budget of the Judiciary through the processes set out in law. 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.
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7 Nov 2019 in Senate:
Mr. Speaker, Sir, the best practice across the world on allocation of resources to the Judiciary as a shared national Budget is at 3.5 per cent. The trend over a five-year period, which I have given out, indicates that the budget allocation to the Judiciary as a share of national Budget have reduced over time. Currently, the allocation to the Judiciary as a share of the national Budget is a mere 0.5 per cent in this financial year in comparison to the highest in Financial Year 2014/15 when it was 1.1 per cent yet, we know for a fact that ...
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7 Nov 2019 in Senate:
Mr. Speaker, Sir, the effect of 50 per cent budget reduction in the Judiciary would be catastrophic in the operation of the Judiciary and service delivery to the public. Some of the critical on-going projects by the Judiciary and service delivery to the public which we envisage are that each of the 47 counties should have a high court in their headquarters. Some of the critical on-going projects by the Judiciary is recruitment of judges and magistrates to clear backlog of cases, harnessing technology through its working through and e-filing project, automation of proceedings of the anti-corruption courts to speed ...
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7 Nov 2019 in Senate:
and adequate financing of the Judiciary. Concerted efforts must be made to ensure that judicial system is adequately resourced and protected. My Committee will do everything possible within the law and explore any possible legislative interventions to safeguard the financial autonomy and independence of the Judiciary.
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7 Nov 2019 in Senate:
As I conclude, I would like to say the following: “First, they came for the socialists, and I did not speak out because I was not a socialist. Then they came for the trade unionists, and I did not speak out because I was not a trade unionist. Then they came for the Jews, and I did not speak out because I was not a Jew. Then they came for me and there was no one left to speak for me.” When they came for the Judiciary, I did not speak because I was not a member of the Judiciary. ...
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7 Nov 2019 in Senate:
On a point of order, Mr. Speaker, Sir.
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7 Nov 2019 in Senate:
On the point of relevance, Sen. Kang‟ata is one of my Committee Members. However, he has been conspicuously absent for many meetings.
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7 Nov 2019 in Senate:
The point of relevance was on three things; one, the issue of illegality or unconstitutional budget cuts that has been purported by the CS. Secondly, on the independence of the Judiciary, and the issue of operations of the Judiciary. I wish Sen. Kang‟ata could be appraised of this issue, the way he is appraised of the air accident that happened in Ethiopia. I wish he would be seized of the matter the way he is seized of Boeing issues.
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