Lawyers want Nyachae, AG clash to cease

January 9, 2012 4:02 pm

, NAIROBI, Kenya, Jan 9 – The Law Society of Kenya (LSK) on Monday called for an end to the acrimony between the Attorney General and the Commission for the Implementation of the Constitution (CIC) over the implementation process.

Chairman Kenneth Akide said it was important for both institutions to work harmoniously for the interest of the country.

There has been a war of words in the past weeks between Attorney General Githu Muigai and CIC Chairman Charles Nyachae over the constitution implementation process.

“The law gives each of those bodies a role. The constitution says what CIC should do, what the AG should do and what Parliament should do. We can’t do without any of those offices and if any of those individuals and indeed any member of those institutions is not ready, we shall be asking them to step aside to give this process people who are serious in implementing the Constitution which Kenyans passed,” Akide said.

LSK Council Member Eric Mutua added that the two officials should be given a time line to solve their issues for the country to move forward.

“It is very unfair to the country for two persons to hold it at ransom. If at all they are unable to agree, if at all they feel that their differences are so personal to the effect that they cannot work together, then they should not be in office,” he stated.

The AG and CIC Chairman are expected to appear before the Constitution Implementation Oversight Committee on Wednesday to shed more light on the delays in the implementation process.

The Constitution Implementation Oversight Committee (CIOC) Chairman Abdikadir Mohammed had in an earlier interview with Capital News said that the blame game between the two institutions was unwarranted and that it only served to derail key legislations required by next month.

While the CIC accused the State Law Office of slowing down and hampering the implementation process, the AG insisted that the CIC was overstepping its mandate and had no right to point fingers at any constitutional implementation actor.

At the same time, the LSK has recommended that the process of selecting members of the Ethics and Anti-Corruption Commission be started afresh.

Akide attributed this to the stalemate that occurred over the proposed names for the commission.

He described the previous process as flawed and in breach of the law.

“The first breach occurred when the President and the Prime Minister delayed to forward the names (nominees) to Parliament,” Akide said.

“The President is supposed to forward the names within 14 days after he receives them from the selection panel which did not happen,” he added.

He said that an extension of time to start the process should be published to begin a proper nomination process.

“The Act that creates the (commission) is weak and is intended to be a lame duck in the fight against corruption,” he opined.

“The selection panel needs to be re-looked at and reconstituted to give this country people who are serious in the fight against corruption and the Principals need to lead the way in observing the law and the provisions of the Constitution,” Akide added.

In December, the Parliamentary Legal Affairs Committee rejected all the three nominees proposed for appointment into the Ethics and Anti Corruption Commission and asked the Executive to submit fresh names.

Through a report signed by Committee Vice-chairman Njoroge Baiya the committee argued that Mumo Matemu (nominated for position of chairperson), Jane Onsongo (member) and Irene Cheptoo Keino (member) lacked the passion and drive to spearhead the war on graft.


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