Kalonzo cautions over move to eject JSC chiefs

November 12, 2013 10:46 am
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Kalonzo says appointment of such a tribunal will negate the principle of separation of powers within various arms of government as stipulated in the Constitution/FILE
Kalonzo says appointment of such a tribunal will negate the principle of separation of powers within various arms of government as stipulated in the Constitution/FILE
NAIROBI, Kenya, Nov 12 – Former Vice President Kalonzo Musyoka on Tuesday advised President Uhuru Kenyatta not to accept a petition by Parliament to form a tribunal to investigate the conduct of six commissioners of the Judicial Service Commission (JSC).

He says appointment of such a tribunal will negate the principle of separation of powers within various arms of government as stipulated in the Constitution.

“The commissioners may have done terrible things but to get Parliament to pass a resolution for the President to appoint a tribunal to investigate judicial commissioners is going against the doctrine of the separation of powers,” he advised.

According to Musyoka, the country should look at other ways in which it can deal with the commissioners but not having Parliament petition for the formation of a tribunal.

He said the 2010 Constitution gives independence to institutional bodies, Constitutional Commissions, the Executive, the Judiciary and the Legislature hence the independence of the Judiciary should not be undermined by Parliament.

Musyoka advised that if these independent bodies do not respect the Constitution, they might plunge Kenya into constitutional anarchy.

“This trend of push and pull of who is right or wrong on the interpretation of the Constitution should be resolved as soon as possible not to plunge the country into a constitutional crisis,” Musyoka added during an interview in Nairobi.

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