Angry MPs yesterday ignored court orders
and promptly debated and passed a
report recommending the removal of six
Judicial service Commissioners. The
national assembly overwhelmingly asked
President Uhuru Kenyatta to set up a
tribunal to investigate Ahmednasir
Abdullahi, Samuel Kobia, Christine Mango,
Mohammed Warsame, Emily Ominde and
Florence Mwangangi.
The hight court had the previous day
issued an order stopping the National
Assembly to referain from initiating and
the process of removing the six
commissioners.
But yesterday House Speaker Justin
Muturi said the courts cannot gag the
authority and the mandate of Parliament.
“It has never happened that someone in
their right minds can take the Parliament
of Kenya to court. This house cannot pass
resolutions that direct that criminals
appearing in court be acquitted. The court
cannot and must not direct what this
House does.
That I will defend to the hilt,” Muturi said
in reference to the high court order.
Muturi said that the National Assembly
derives the powers of oversight under
article 260 of the constitution over the
Executive, Judiciary, independent offices
and constitutional commissions. The
House turned its fury to the JSC member
only a day after it censured the conduct
of lands minister Charity Ngilu for
abrogating the law in the hiring and
transfer of senior servants a her ministry.
Among other things the Tribunal will
establish is whether other office JSC
commissioners, who serve on the finance
committee, contravened the law when
discharging their duties. The MPs claim
that documents availed to the commitee
show that he forged his practising
certificate.
Outraged MPs accused the JSC of
disregarding the House’s oversight
mandate, “Spitting in the face of people’s
representative” and acting as if they are
only “answerable to God”. Homa Bay MP
Peter Kaluma led the onslaught against
Ahmednasir saying time has come for
questions surrounding his legal
qualification to be settled “once and all”.
“It’s only fair that he is given an
opportunity to clarify this issue and prove
that he is a brilliant lawyer that he is,”
Kaluma said. Luanda MP Chris Omulele
supported Kaluma arguing that it was
improper for Ahmednasir to serve on the
JSC without the requisite qualification. “It
is improper for him to serve on the JSC
when there are serious constitutional
questions surrounding his primary
documents,” he said.
In particular Omulele, argued that
Ahmednasir, whpo represents LSK on the
JSC, should be investigated because he
was dismissive of judges qualifications
during the interviews of the judges. Ol
Joro Orok MP John Waiganjo said the JSC
had exposed the rule of impunity by
refusing to appear the committee when
summoned. “We had a job to do and we
have done it.
The refusal by the JSC is a proof of the
caliber of leadership at the judiciary,” he
said. However, attempts by three MPs
Chris wamalwa (Kiminini), Olago Oluoch
(Kisumu West) and Manson Nyamweya
(South Mugirango) to oppose the report
was met with boos from Mps.