NAIROBI, Kenya, Jun 12 – The Commission for the Implementation of the Constitution (CIC) is threatening to push for the disbandment of the National Assembly for allegedly contravening the law in their rejection of Monica Juma as nominee to the position of Secretary to the Cabinet.
CIC Chairman Charles Nyachae says MPs contravened Chapter 6 of the Constitution on Leadership and Integrity when they voted against Juma on the basis of her attempts to block legislators from frequently visiting her office.
“The trend by the MPs had been replicated in many County Assemblies where MCAs were allocating unduly huge sums of funds to the County Assembly or to projects in which they have personal interests. This trend must stop. We intend to seek such legal action as may be necessary to ensure that those who have abused their powers in this manner are dealt with in accordance with the law, including being deemed unsuitable to hold public office” said the CIC Chairperson.
Nyachae said the rejection was based on personal interests rather than the law.
“It is clear that the rejection of the nominee Dr Juma was not based on objective criteria as anticipated by the constitution and set out in the Public Appointments Act,” said Nyachae.
CIC further accuses the National Assembly of abusing its powers and pursuing selfish interests in rejecting the nomination of Dr Juma who was highly qualified for the position.
Nyachae castigated the National Assembly for using the budget to hit at “offensive” institutions by slashing budgetary allocations to the Senate, the Judiciary and the Salaries and Remuneration Commission.
“In the last two weeks the National Assembly has violated the constitution by abusing its powers. From pronouncements on the floor of the House by various members, it is clear that the decision to reduce allocations was not based on the budgetary need of the institutions but on what was perceived to be the conduct of the institutions against the interest of the National Assembly bad its members” said Nyachae.
He says the Committee on Administration and National Security victimized her because of a letter she wrote to Parliament’s Clerks complaining of MPs seeking personal favours from her office and was not based on the set criteria under Article 73 of the Constitution.
CIC’s outrage comes a day after Thursday’s rejection by the House MPs of Juma’s nomination because of a letter she authored protesting frequent visits by MPs to her office.
The constitutional implementation body further said the National Assembly ignored the eight points to look out for when vetting a public officer, and urged Kenyan’s to continue showing the disapproval in how the matter was handled.
“If you read that letter, Kenyans should be very proud of her as a public servant because what she is telling the MPs if that you are coming to my office and asking me to do things which I am not able to do because I would violating the Constitution and the law,” Nyachae said.