16 Oct 2024 in Senate:
Yes, it is correct that even others who were there made statements against the judiciary. There is no problem with that.
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16 Oct 2024 in Senate:
My complaint is extraordinary in the sense that the hon. Rigathi Gachagua was not complaining about the judiciary, but about a specific judge for a decision that she made, a finding that she made against him. It was not about corruption in the judiciary, inefficiency in the judiciary or how the Judiciary runs. It was about, “ huyo judge alisema mali yangu ni mali ya wizi.”
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16 Oct 2024 in Senate:
I have not seen any evidence to show that he has evidence of corruption influencing the judge to make the finding that the Kshs200 million were proceeds of crime. This leads me to my conclusion that this is a personal vendetta.
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16 Oct 2024 in Senate:
Personal vendetta: You are in the Senate representing your people, and you debate and make decisions here as part of your constitutional mandate. You mention people who are not doing things right and when you get out there, they threaten you. They tell you that when you say that again in the Senate, I will kill you. I will get you removed from the Senate to create fear. This is a personal vendetta.
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16 Oct 2024 in Senate:
Yes, I am aware that the Deputy President did appeal against that decision. After becoming Deputy President, the matter was settled through a compromise and the money was returned to him.
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16 Oct 2024 in Senate:
Yes, I am aware of the consent. I am aware that the consent was not arrived at based on the merits or demerits of the case. It was Government bodies because leadership changed hands and the second in command became powerful. A few Government bodies went to court and stated they wanted to withdraw the case.
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16 Oct 2024 in Senate:
To my understanding and that of the lawyers in the House, we will also have the same finding. The Court of Appeal has not overturned Justice Maina’s decision. Therefore, Justice Maina’s decision remains good law.
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16 Oct 2024 in Senate:
The consent is there, but the Court of Appeal has not made a decision on merit.
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16 Oct 2024 in Senate:
Before we leave there because we are complaining about Article 160, it is important for me to read Article 160(5). It says: “A Member of the Judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function.” This is the particular Article we are complaining that the Deputy President has violated.
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16 Oct 2024 in Senate:
Indeed, it amounts to a gross violation of the Constitution. It should be remembered that we have three arms of Government — the Executive branch, the Legislature, where we sit, and the Judiciary.
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