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AG defends Uhuru's move to suspend JSC commisioners

03 December 2013, 11:47

Nairobi - Attorney General Githu Muigai, has defended the move by President Uhuru Kenyatta to suspend the six Judicial Service Commission (JSC) officers.

He said his action was within the law and did not violate any part of the Constitution.

“Article 250 (4) b is in mandatory terms. In other words the President is obligated to establish a tribunal. If he does not, then that is a violation of the law,” Muigai argued.

The six commissioners were suspended after Kenyatta formed a tribunal to investigate them. This followed a petition that the National Assembly passed.

The move has been met with uproar from the JSC and Law Society of Kenya as well as the main opposition party, the Coalition for Reforms and Democracy (CORD).

The JSC wants the swearing in of committee members tasked with probing the suspended commissioners stopped with immediate effect. 

The swearing is to be conducted by the Ethics and Ant-corruption Commission which is chaired by Justice Aaron Ringera.

JSC points out that Parliament disregarded a court directive that disallowed Parliament from debating over the report on the suspended JSC commissioners.

JSC lawyer, Paul Muite, explained to the High Court that the President had a “difficult time and was constitutionally barred from rejecting the legislatures report thereby returning to the House.”

However, the Jubilee coalition argues that the President would have violated Article 250 of the constitution if he would have failed to establish a team to probe the officers for misconduct

“Once the President had been instructed by Parliament to do certain things, he had no other mechanisms than to do it,” said Elgeyo Marakwet Senator, Kipchumba Murkomen.

The High court will deliver its ruling on the matter on Wednesday.

– CAJ News


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