1 Dec 2021 in Senate:
Thirdly, I am very proud of the Judiciary in this decision. For the record, I have always insisted that the Judiciary has a wide mandate to control the activities of Parliament, including issuing injunctions as happened in this case. However, I have been careful and I want to put it on record that expansive administrative aspects of parliamentary work, including quashing the gazette notice that had illegally been published to invite the former Sen. Leshore to take up Sen. Maura’s position. I still maintain that legal illogic that the Judiciary has expansive power to control the activities of Parliament in ...
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11 Nov 2021 in Senate:
Thank you, Madam Temporary Speaker. I cannot hide my tremendous admiration for the quality of this Report, which forms the basis of this Motion and at the leadership of Senior Counsel, Sen. Okong’o Omogeni, as well as the entire Committee on Justice, Legal Affairs and Human Rights of the Senate.
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11 Nov 2021 in Senate:
I was a delegate of the constitutional making process; the conference at the Bomas of Kenya in 2004 and 2005. It was a very lengthy process. At that time, I was representing the academia as a young legal scholar. I participated in the debates, especially the chapter on the Judiciary. Therefore, I want to completely associate myself with all the sentiments that have been made by the Mover and Seconder of the Motion, Senior Counsel Sen. James Orengo, whom I respect a lot. He has highlighted the historical context of the quagmire we find ourselves in today.
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11 Nov 2021 in Senate:
Madam Temporary Speaker, the recommendations of the Judicial Service Commission to the President are binding on the President. He has no room to manoeuvre or wriggle out of the names that have been given to him. The authority for that is in Article 166 of the Constitution.
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11 Nov 2021 in Senate:
“The President shall appoint-
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11 Nov 2021 in Senate:
All other judges, in accordance with the recommendation of the Judicial Service Commission.”
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11 Nov 2021 in Senate:
Madam Temporary Speaker, it is not in accordance with the recommendations of the National Intelligence Service (NIS). The role of the President is appointive and ceremonial. It is not functional. The recruitment agency for Judges is the Judicial Service Commission. It pains me, therefore, as an officer of the Court, to see some of the brightest and greatest Judicial minds that this country has ever produced; My Lords, Justice Odunga, Justice (Prof) Ngugi, Justice Muchelule and Justice Korir, being dragged through a protracted name-soiling, simply because of a presidency and an Executive that thinks they can rampage around the country ...
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11 Nov 2021 in Senate:
They take over the Judiciary and Parliament, and are now increasingly going to county governments. They have taken over Nairobi and I am sure they would be interested in taking over the other 46 counties, if they had the opportunity.
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11 Nov 2021 in Senate:
Madam Temporary Speaker, we are coming from a very dark past. There were days and times when the Judiciary was completely immobilized. Criminal charges of great Kenyans, like Sen. Orengo and other second liberation fighters, who would be dragged to court at 6 p.m., taken through a kangaroo process; sentenced the same night or detained without trial.
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