Dr. Kithure Kindiki

All parliamentary appearances

Entries 161 to 170 of 562.

• 11 Nov 2021 in Senate: In 1988, Kenya changed its Constitution to remove the security of tenure of judges. In the aftermath, we witnessed a very dark situation, where it was rumoured that some judges who were handling sensitive cases would carry draft judgments to State House for approval before reading those judgments in court the following day. That is the background against which we put in place the very strict measures in Chapter 9 of the Judiciary in the current Constitution. view
• 11 Nov 2021 in Senate: This Constitution has made the wielders of power extremely uncomfortable. However, we are not out of the woods yet, even with the new Constitution. Recently, we saw My Lords, Justice Muchelule and Justice Chitembwe, arrested in their chambers, yet we know that the chambers of a judge are invaluable. If there is any suspicion of commission of crime, there are ways in which the same can be handled without violating the sanctity of the courtroom, because a judge’s chamber is also a courtroom. view
• 11 Nov 2021 in Senate: Madam Temporary Speaker, some of the decisions, motions and applications are heard in chambers. A judge’s chamber or office is actually a courtroom. It is like entering a courtroom when a judge is proceeding and arresting the judge. Madam Temporary Speaker, I believe that the President can be forced to do what he has refused to do by an order of mandamus . I say so because an order of mandamus is normally given to a public officer who has refused to perform a public duty. I believe in the appointment of judges. The President is actually duty-bound to do ... view
• 11 Nov 2021 in Senate: The Chief Justice never published those rules. Courts could not enforce human rights simply because the Chief Justice had refused to do a public duty, which was merely administrative and not decisional. It was not judicial. Similarly, for the Judiciary, there are certain acts they should be held liable for. This immunity of the Judiciary applies functionally, when they are performing judicial functions. Madam Temporary Speaker, for example, if the Judicial Service Commission is hiring judges, that is a judicial function of that Commission and so forth. However, for example, in matters of procurement, the Judiciary should be held accountable ... view
• 11 Nov 2021 in Senate: it is established, the the judge is suspended. Once he is suspended, you can drag them to court, charge them and if found guilty, face the consequences of the law. If they are acquitted, they can be reinstated to office. It is, therefore, a pity to watch, for example, My Lady, Justice Mwilu, the Deputy Chief Justice and Vice President of the Supreme Court of our country, being dragged through the humiliation of facing a magistrate court on criminal charges relating to what appears to be a purely civil matter. How on earth do you walk into the chambers of ... view
• 4 Nov 2021 in Senate: Mr. Temporary Speaker, Sir, is the Senior Counsel, Sen. Omogeni, in order to use the term he has just used? Is it a parliamentary term; the „bull word‟. view
• 4 Nov 2021 in Senate: Mr. Temporary Speaker, Sir, I will stick to the straight and narrow. Sen. Omogeni is a respected member of the Bar. He is a Senior Counsel. He used the „bull word‟ and I asked whether it is in order to use such a word, not just in respect of my senior, but for posterity, the „bull word,‟ which I do not want to repeat, parliamentary? If Senior Counsel insists that he did not use the word, let the HANSARD bear us out. Is he in order? view
• 4 Nov 2021 in Senate: Mr. Temporary Speaker, Sir, I thank you for giving me this opportunity. I also thank you for according to Sen. M. Kajwang‟ conceiving the contents of this Bill. I thank Sen. M. Kajwang for not only moving this Bill, but also delivering it. He also claimed credit for delivery. Allow me to highlight two biases that I have and hope will not influence my remarks. The first is that the Deputy Governor of Nairobi City County who is the acting governor and a beneficiary of the transfer of power and the politics around, is a citizen of Tharaka Nithi County. ... view
• 4 Nov 2021 in Senate: Mr. Temporary Speaker, Sir, certainly. view
• 4 Nov 2021 in Senate: Mr. Temporary Speaker, Sir, that information coincides in the tragedy and mixed feelings we all have about our party, TNA which we founded with Sen. Sakaja. We worked very hard for it until the party got into headwinds and I do not think it will survive the crush. Article 186 of the Constitution--- view