11 Mar 2020 in National Assembly:
The Judiciary is critically important for providing checks and balances necessary to sustain and keep a country together. The leadership that has been exhibited by the Judiciary in the recent past is something to laud and support as we go along. We have heard so many lamentations from the Chief Justice on inadequate funding. We have heard so many complaints from the Chief Justice of the Judiciary on the casual way the Judiciary is treated in this country both by the Executive and occasionally by the political class and others. It is important for us to The electronic version of ...
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11 Mar 2020 in National Assembly:
continuously invest in supporting and strengthening the Judiciary, but at the same time, we must hold it accountable to the people of Kenya and to the other arms of the Government to work in a harmonious manner.
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11 Mar 2020 in National Assembly:
Articles 48, 49, 50 and 51 of the Constitution of Kenya 2010 require a strong, robust and independent Judiciary to protect the human rights stated in the aforementioned. Therefore, we get worried when the Chief Justice stands up and complains in public. We get worried when the National Treasury or the Budget and Appropriations Committee purport to continuously change, reduce or cut down the budget associated with the Judiciary. We must find a way for the Judiciary to exercise independence as contemplated under Article 160 of Constitution of Kenya. They must have adequate funding. They must be given the leeway ...
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11 Mar 2020 in National Assembly:
I think, last year, in the Committee on Delegated Legislation, we approved quite a number of regulations that will support the Judiciary, including the code of conduct for judicial officers and the management of judicial funds. We expect, by now, the Judiciary should have implemented a lot of those things and, indeed, enabled itself to collect adequate funds. It is not uncommon to find corrupt judicial officers. Many years back - I am not sure if this still remains the position - there was a joke that why would you need to hire an advocate if you can bribe a ...
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11 Mar 2020 in National Assembly:
Hon. Temporary Deputy Speaker, of course, to the local mwananchi, there is always this fear of the Judiciary, that the Judiciary has no room for the small man, the Judiciary has sets of laws, namely, for the poor and for the rich; for the educated and the uneducated, and for those who can wriggle their way through and those who cannot do so.
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11 Mar 2020 in National Assembly:
We have seen quite a number of cases handled by utterly incompetent judicial officers who have been bestowed powers to arbitrate issues between various litigants in courts. I would, therefore, urge - as the Committee has proposed - that all officers and State organs involved in the administration of justice should be strong and robust. We have so many cases… There are many of the so-called graduates from the law schools who cannot write a sentence or even draw a plaint. Quite a number of them end up being magistrates and clerks of such nature. You can see what to ...
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11 Mar 2020 in National Assembly:
However, I note from the Report that there has been an increase in the number of cases, more so, civil cases. This indicates that there is a growing confidence in the Judiciary and the judicial system which we must continuously invest in. As I conclude, there are two issues that we must clearly indicate and you have raised them. It is understood that the President does not interfere in the recruitment process of various judicial officers. Therefore, his agencies, probably, might not necessarily be invited to offer any advice on the suitability. However, that said and done, and whichever way ...
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11 Mar 2020 in National Assembly:
judge to be like Caesar’s wife; to be beyond reproach. This will make me have trust. When I see any of the two, I should expect fair judgement. It is hilarious that you find a drunken judicial officer roaming the streets at night and expect to find him to preside over your case the following day. For sure, you will have serious misgivings. Not that drunkards cannot make decisions, but we will have misgivings on how well he will interpret the law and sort the matter out.
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11 Mar 2020 in National Assembly:
The most challenging issue in the Judiciary is the increasing backlog of cases. The Report indicates we have almost half a million pending cases. Many of them are criminal in nature involving the downtrodden in society who have no powers and no means to get bail and argue their case while outside. They rot in the cells and police remands. Life and labour are lost and generally their social life is disadvantaged. The State has to spend unnecessarily too much money to keep them in the cells. So, we urge the Judiciary to look for fair bond terms considering the ...
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11 Mar 2020 in National Assembly:
As I conclude, I wish the Judiciary can be given more money. Funyula Constituency has no court room. We were promised and even a Supreme Court Judge, Dr. Smokin Wanjala, was detailed to break the ground for the court room construction but up to now, nothing has happened. We have to travel over 100 kilometres all the way to Busia Town to answer to even petty cases such as being found resting after work, enjoying our local brew.
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