Jubilee senators say formation of Ringera tribunal was constitutional

Jubilee senators led by Majority Leader Prof Kithure Kindiki (left) and nominated senator Beth Mugo address a press conference at KICC on December 2, 2013. PHOTO | PHOEBE OKALL  NATION MEDIA GROUP

In Summary

• The senators accused lawmakers from the opposition of hypocrisy
• Mr Odinga had faulted President Kenyatta for forming the tribunal saying the move was unconstitutional

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By JEREMIAH KIPLANG'AT
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Jubilee senators have said that the President Uhuru Kenyatta acted constitutionally when he formed a tribunal to investigate the conduct of six members of the Judicial Service Commission.

“The President acted within the Constitution. It is perfectly right for him to form a tribunal as per Article 250 of the Constitution. As a matter of fact he would have violated the Constitution if he did not form it,” said Senate Majority Leader Kithure Kindiki, who was flanked by eight senators, at a press conference on Monday at KICC.

The senators also accused lawmakers from the opposition of hypocrisy, saying they often turned against motions and Bills once they have passed in parliament.

The senators said all the recent contentious Bills were debated and passed by both Jubilee and Cord lawmakers in the National Assembly and claimed that Cord leader Raila Odinga was behind the change of heart by the lawmakers.

At the weekend, Mr Odinga faulted President Kenyatta for forming the tribunal saying the move was unconstitutional.

Parliament recently adopted a report by the Justice and Legal Affairs committee that asked President Kenyatta to create the tribunal to carry out the investigations on the six JSC members. The House also adopted the controversial Kenya Information and Communications (Amendment) Bill 2003.

The President named Retired Justice Aaron Ringera as chairperson of the tribunal with Jennifer Shamallah, Ambrose Weda and Mutua Kilaka as members. The tribunal was set to investigate the conduct of Ahmednasir Abdullahi, Rev. Samuel Kobia, Prof, Christine Mango, Justice Mohamed Warsame, Emily Ominde and Florence Mwangangi.

NOT SINCERE

However, Jubilee said Cord leaders questioning the composition of the tribunal were not sincere as the President is allowed by the law to pick members as per constitutional provisions.

“Our colleagues have been calling the Supreme Court judges all sorts of names after it delivering the election petition ruling. Now they are accusing us of the same yet the President acted with the law,” said Kericho Senator Charles Keter.

“The president has his own way of doing things. He cannot just appoint someone to please some people,” added Mr Keter, who also serves as the Deputy Majority Leader.

“I want to ask the former PM to respect Kenyans and let the government put in place by the majority to perform its duties. He (Raila) is fond of frustrating all the policies put forward just to make the government look bad among Kenyans,” added nominated Senator Beth Mugo who also supported the NGO amendment Bill.

Apart from the controversial tribunal, the President is also at logger heads with media stakeholders over the contentious media Bill. The NGO bill is also a hot-button issue as civil society organisations have fiercely opposed it.