7 Nov 2013 in National Assembly:
Hon. Speaker, the Committee, upon due consideration, found the claim herein discloses sufficient grounds to warrant the petitions and the supporting materials to be forwarded to the President to constitute a tribunal to fully investigate the matter.
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7 Nov 2013 in National Assembly:
With regard to violation of Article 161(2)(c) of the Constitution, it designates the Chief Registrar of the Judiciary as the chief administrator and accounting officer of the Judiciary. Article 173(1) establishes the Judiciary Fund “which shall be administered by the Chief Registrar of the Judiciary”. The Committee received correspondence from the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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7 Nov 2013 in National Assembly:
former Chief Registrar and a letter from the Cabinet Secretary in charge of the National Treasury in which the Chief Registrar was seeking assistance with a view to resolving the issues of interference within the Judiciary as she executed her duties. That letter was responded to on 15th October 2013 outlying the requirements of the Constitution and the law and the National Treasury Cabinet Secretary warned that anyone that is in breach of that particular legislation that establishes the Chief Registrar as the accounting officer was in breach of the Public Finance Management Act. The Committee considered all correspondences that ...
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7 Nov 2013 in National Assembly:
Hon. Speaker, on the alleged violation of Chapter Six of the Constitution and the Advocates Act, we received as I have stated, a number of correspondences both from those who made oral submissions and those who made those oral submissions on oath. In those submissions, they clearly submitted documents that showed that one member of the JSC had in fact violated Chapter Six of the Constitution and the Advocates Act.
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7 Nov 2013 in National Assembly:
Hon. Speaker, if you look at the report of the Committee on page 23, the Committee concluded that there was sufficient evidence to warrant this particular commissioner to be referred to the President for the appointment of a tribunal. There was sufficient evidence that was adduced by one, Brian Yongo in which he submitted that the named commissioner had in fact shared profits, contrary to the Advocates Act.
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7 Nov 2013 in National Assembly:
Further, we were given information to the effect that this particular advocate or commissioner had been admitted, contrary to the Advocates Act. The documents have already been annexed to the report of the Committee.
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7 Nov 2013 in National Assembly:
The documents which were availed to the Committee included a certificate of completion that was signed by the late Peter Simani on 30th November, 1992. This was done by P.L. Simani of P.L. Simani and Company Advocates.
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7 Nov 2013 in National Assembly:
That certificate clearly stated that Mr. Ahmednasir Maalim Abdullahi had attended pupilage under his guidance and received instructions in proper business practice and employment of an Advocate from 1stJune, 1990 to 31st December, 1990, in accordance with the provisions of the Advocates Act. It was signed on 3rd November, 1992.
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7 Nov 2013 in National Assembly:
Hon. Speaker, Sir, in an affidavit that was submitted to the Committee dated 27th January, 1993, the said late Peter Simani said in paragraph nine that in 1991, due to poor performance of his firm in 1990, he decided to branch into other areas of economic activity and concentrated his effort in his stationary firm known Chebuturi Enterprises.
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7 Nov 2013 in National Assembly:
He also stated in paragraph four of that affidavit that his last practice certificate expired on 31st December, 1989. The Committee considered this as very important material in which it disqualifies the Commissioner for having been appointed as a Commissioner in the Judicial Service Commission (JSC). This goes to show the gross incompetence that is stated in Article 251 of the Constitution. Therefore, this matter is fit to be referred to the President for an appointment of a Tribunal.
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