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LSK, MPs deliberate on AG's ouster

19 August 2014, 16:20 Samuel Kisika

Nairobi – MPs in the National Assembly’s Justice and Legal Affairs committee are unhappy with the Constitution’s failure to provide legal procedures for the removal of the Attorney General (AG).

The Committee Chairman, Samuel Chepkonga who is also the Ainabkoi MP, said the AG is not above the law.

“No one in this country is above the law. If the Parliament is guaranteed powers to investigate and remove the President and his Deputy from office, then who is the AG not to be dismissed?” posed Chepkonga.

“It is unfair that the Parliament only participates in the appointment of the AG then denied the powers to remove him from office. Although the Constitution and the Attorney General’s Act give only the President Powers to dismiss the AG from office, we need to enact amendments to dismiss him since he is also the State officer,” he added.

Chepkonga proposed that since the AG, Githu Muigai has been handling some ministerial duties, his committee can categorise him as a Cabinet Secretary serving some special function then use the laid down procedures of removing the CS’s from office to fire him too.

The Chairman Law Society of Kenya (LSK), Eric Mutua said there is no way the Parliament is limited by law not to dismiss the AG from office since it is the only supreme institution in the nation.

“Members of Parliament are mandated to enact and interpret laws hence your hands are not tight up not to initiate proper ways of firing the AG if he is incompetent. We as LSK would only assist in providing proposals for his removal but Parliament has the capacity to enact legal procedures to remove him from office,” said Mutua.

Mutua added that the LSK is going to provide the committee with proposals by Friday this week for the MPs to consider in an effort to finding proper legal procedures for firing the AG.

“The LSK understands better that the Parliament is the only appropriate institution to remove the AG from office but we went to court with the petition seeking his removal to inform the Judiciary concerning our case against the AG’s incompetence,” said Mutua.

However, Homa Bay Town MP, Peter Kaluma proposed that if the Constitution lack’s legal procedures on how to remove the AG from office, then LSK has the mandate to question his professionalism.

“If the AG has failed to discharge his duties as required by the legal profession, then why don’t LSK denounce his academic qualifications for us (MPs) to come in and remove him from office,” said Kaluma.

The LSK filed a petition seeking for the removal of the AG after failing to appropriately defend the country against the paid KES 1.4 billion Anglo-leasing debt to two foreign companies.

The LSK and the Justice committee have agreed to devise legal ways of removing the AG from office.   

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