, NAIROBI, Kenya, Oct 4 – The Law Society of Kenya has demanded that the Ethics and Anti-Corruption Commission cease its investigation into Supreme Court Registrar Esther Nyaiyaki.
In a letter to EACC Chairman Archbishop Eliud Wabukala, the LSK President Isaac Okero detailed why in their estimation, the probe is illegal.
He put the Commission on notice that by investigating Nyaiyaki, it was acting in excess of its powers and undermining the independence of the Judiciary.
“The EACC is possessed of the statutory mandate and authority set out in the Act… except (underscore) to the extent the Constitution provides otherwise,” the correspondence reads.
It is the legal fraternity’s position that any investigation into the audit report she submitted to the Supreme Court on the August presidential election result forms, should be conducted by none other than the authority that tasked her in the first place.
“It is only the Supreme Court of Kenya that has the judicial and constitutional authority to investigate any complaint as to whether or not there has been compliance with its orders.”
Okero also points out that it is the Judicial Service Commission and not the EACC that is mandated by the Constitution to probe complaints on the conduct of its employees.
“The EACC has therefore no authority whatsoever to intervene and purport to conduct an enquiry or investigation replicating functions that under the Constitution are expressly anchored in the judiciary and ancillary organs of the judiciary including the JSC.”
The EACC last week wrote to Nyaiyaki requiring her to record a statement after one Rashid Mohammed through lawyer Kioko Kilukumi, triggered it to investigate why the findings of her audit of the forms differed from that of Supreme Court judge Njoki Ndung’u.
An enquiry he deemed, in his communication, to be of necessity given the serious implications of Nyaiyaki’s report as it in part informed the nullification of the August 8 presidential election.