Attorney-General Githu Muigai has joined ranks with the National Assembly in its supremacy wars against the Judicial Service Commission. Photo/FILE
In Summary
Attorney-General says judicial commisison is a State organ and House has the right to check its members
By PAUL OGEMBA
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Attorney-General Githu Muigai has joined ranks with the National Assembly in its supremacy wars against the Judicial Service Commission.
Prof Muigai said MPs were justified in summoning members of the commission and recommending the suspension of six members as they had a duty to provide a check on all state organs as the people’s watchdog.
Through lawyer Njoroge Regeru, Prof Muigai submitted that the commission was a state organ and its members were state officers answerable to Parliament and can be removed from office through a just cause.
“The JSC was bound by the Constitution to appear before the parliamentary committee on legal affairs to answer allegations of misconduct raised against the six commissioners. No party or entity is so big and powerful it is beyond Parliament’s oversight authority,” Mr Regeru said.
He argued that Parliament did not act on its own motion but through a petition filed a citizen, Mr Nicholas Mugambi, who questioned the conduct of commissioners Ahmednassir Abdullahi, Justice Mohammed Warsame, Rev Samuel Kobia, Prof Christine Mango, Ms Florence Mwangangi and Mary Ominde.
Mr Regeru said under the doctrine of separation of powers, the court should not have stopped a tribunal appointed by President Kenyatta to investigate the six commissioners after Parliament recommended their suspension.
“The Judiciary should not be seen preventing the National Assembly from undertaking its constitutional obligations,” he said. Prof Muigai said the commissioners should carry their own crosses and it was wrong for the JSC to bring a petition on their behalf.
“The six commissioners whose suspension Parliament recommended should have been the petitioners, not the JSC. It was also wrong to name the Speaker as a respondent when he only acted on a recommendation of the entire House,” said Regeru.
Prof Muigai made his submission as Parliament failed to enter an appearance or respond to the petition.
Lawyer Issa Mansur, representing the judicial commission, said the decision showed the disregard that Parliament had for the Constitution.
“The commission was justified in snubbing the summons by MPs since it was an affront. They had no authority to summon the commissioners as this went against the doctrine of separation of powers,” said Mr Mansur.
The dispute is being heard by Justices Richard Mwongo, Christine Meoli, Hillary Chemitei, Helen Omondi and Mumbi Ngugi.
The hearing continues.
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