NAIROBI, Kenya, June 18 – Attorney General Githu Muigai on Wednesday challenged the power of the Law Society of Kenya to issue him with a Certificate of Dishonour (COD) for failing to successfully defend Kenya against the Sh1.4 billion Anglo-Leasing payment.,
Law Society of Kenya Chairman Eric Mutua said it would be the first time a Law Society had set in motion the process of issuing a sitting Attorney General with a COD.
“They must tell us who has the jurisdiction. Remember what we are doing is a process which is unique; we are looking at the conduct of the Attorney General in the legal profession, his image as a professional and coming up with a decision whether or not that is a conduct which is unbecoming or not of a lawyer,” Mutua explained.
He said Muigai’s legal counsel – Cecil Miller, Waweru Gatonye and Assa Nyakundi – had demanded that certain members, of the 12-member LSK Council, disqualify themselves from the process of determining whether or not to issue Muigai with a COD.
“The issues which have been raised are that James Mwamu who is our lawyer in the proceedings cannot appear as a council member while he’s seized of the case in court and Apollo Mboya, the CEO, has worked in the Attorney General’s office before and therefore he has a conflict of interest but we have dealt with those issues and we have decided that there’s no conflict and we can proceed as a council,” Mutua said.
He continued to state that should Muigai fail to “satisfactorily,” respond to the charge of unbecoming conduct in the way he managed the Anglo-Leasing cases, he would be issued with a COD and thereby be unfit to hold the office of Attorney General.
“There are severe implications including that being a basis upon which he’s disqualified from holding office,” Mutua said. READ: Muigai, Njee get 7-day ultimatum from LSK.
The LSK having already set in motion the process of removing the Attorney General from office, again on account of Anglo Leasing, when it presented a petition to the National Assembly.
“The process of the removal of the Attorney General is in Parliament. Parliament is seized of that,” Mutua said denying the accusation that the Society was acting as judge, jury and executioner.
“It’s in our mandate, we are acting within our powers,” Mutua told Capital FM News. READ: LSK asks Parliament to kick Githu out.
The LSK council which was to render its decision on issuing Muigai with a COD on Wednesday adjourned to July 3.
“One of the AG’s legal counsels developed some health complications so not to be harsh we decided to hear him on July 3,” he told Capital FM News.
Nyakundi meanwhile told Capital FM News that Muigai was unable to appear before the LSK council in person as he was attending to the Mpeketoni attacks in which over 60 people were killed on Sunday and Monday night.