By Sofia Ali
‘KIHARA MUST GO’ was the beckoning call by the National Civil Society Congress. The civil society has called on the resignation of the Attorney General Paul Kihara Kariuki, for misleading the Executive arm of government in respect to article 160 of the constitution and; as a member of the Judiciary Service Commission (JSC).
Speaking in Nairobi, the national civil society congress leader Mr. Morris Odhiambo stated that the Attorney General had failed in performing its judicial functions. “The Judiciary is guided by the competitiveness and transparent process of appointment of judicial officers and other staff of the judiciary (articles 172(1) & 172 (2) (a)).” Said Mr. Odhiambo
The national coordinator of Operation Ondoa Panya John Wamagata reiterated that the Executive order No. 1 of 2020, seemed to place the judiciary under the control of the executive. The executive order includes the judiciary, independent offices and constitutional commissions in the structure of government in such a manner that they become totally subservient to the executive.
Wamagata called on the AG’s resignation adding that the ‘The AG’s recent criticism of the chief justice also meant to undermine the judiciary. The AG occupies a position of prestige having a leg in the executive as the government legal advisor and another in the judiciary through the JSC (judiciary service commission)’.
‘By criticizing the chief justice for calling out the presidents’ failure to appoint 41 judges, the AG failed to display the required standard of personal integrity. He behaved in a manner that demeans the office he occupies.’ Said wamagata
‘The AG came out as one who is only interested in advancing the aims of the executive and does not care about the rule of law and constitutionalism.’
Also present during the media briefing was the national coordinator of referendum debate platform m
Mr. Isaiah Luyara said that there is need to develop a judiciary that is both independent and accountable in accordance to the constitution. “The AG is misleading the president leading to the constitution being misused” he said.
Mr Odhiambo when asked on current issue of police brutality, he pointed out that there was total impunity which made people of position not have a sense of responsibility. He commended efforts made by IPOA but mentioned the process is slow.