LSK criticises State for frustrating human rights work

Law Society of Kenya (LSK) chairman Eric Mutua. Photo/FILE  NATION MEDIA GROUP

The Law Society of Kenya (LSK) has raised the red flag on government’s attempt at impeding human rights work.

LSK Chairman Eric Mutua accused government of frustrating appointment of Kenya National Commission on Human Rights (KNCHR) chairman and commissioners.

The LSK chairman, who has chaired three Selection Panels for selection of the chairperson and members of the KNCHR, said insurmountable hurdles affected their duties.

“We held interviews in August last year and forwarded to the President eight names of persons suitable for appointment as members of the Commission,” Mr Mutua said.

He said that at the time, the selection panel did not forward any names for position of the chairperson since there were no suitable persons for the position and advised that the position be re-advertised.

“Some people moved to the High Court on September 3 last year and filed a suit against the Panel and the Attorney General (AG) challenging the recruitment process.

“The High Court granted a conservatory order that stopped further processing of names which had been forwarded to the President by the Selection Panel,” he said.

Pursuant to a subsequent order issued (in the said matter) on September 28, 2012 (allowing the recruitment of the position of the chairperson of the Commission) in December 2012, a second Selection Panel was constituted for the sole purpose of recruiting the Chairperson of KNHRC.

“We forwarded to the President three names of persons we (Panel) felt were suitable for the position of Chairperson,” Mr Mutua said.

Despite forwarding the said names the then President did not - in consultation with the Prime Minister - nominate one person for approval by Parliament for appointment of the Chairperson of the Commission.

The Selection Panel met for the third time on September 13, 2013 and resolved to advise the President and re-submit earlier names shortlisted by the first and second Panels.

“I wrote to the President and forwarded the three names and eight others for positions of Member KNCHR,” Mr Mutua said.

Mr Mutua said that the law is clear that once names have been forwarded to the President, he has no discretion other than to nominate one of them.

“It is only Parliament that may reject the nominee or all of them. It is sad that the AG seem not to play his duty by correctly advising the President,” Mr Mutua said.

The LSK Chairman regretted that for a year now, the KNCHR has not been able to undertake its constitutional mandate.