AG Githu Muigai wants experts barred from JSC suit

By KURIAN MUSA

The Attorney General wants the Law Society of Kenya, Katiba Institute and a former legislator not to be enjoined in the case by the Judicial Service Commission against Parliament.

The state law office argued that LSK was partisan and only concerned with defending its two members in the JSC and therefore had nothing to do with acting in public interest.

State Counsel Njoroge Regeru said Katiba Institute’s team of experts were acting in a partisan manner and would not be prejudiced if they are not enjoined in the case.

But Katiba Institute told a five-judge bench that AG cannot agree that its team was made up of experts and at the same time say there was no value they can add to the case.

“The State counsel is to defend the justice system and not to lock out parties that want to contribute towards the same,” Waikwa Wanyoike of Katiba Institute said.

Regeru told the court that former Kibwezi MP Mboko Onesmus was ill-equipped to step in the shoes of the State Law Office.

“Mboko argues that the AG cannot articulate public interest, is handicapped and that he needs to step in our shoes to play our role under Article 156,” Regeru said.

He said Mboko’s application is akin to saying Chief Justice Willy Mutunga, who is JSC chairman, cannot appoint a bench to hear the case his institution is party to.

The State counsel said Mboko does not meet the test to be party to JSC case against Parliament.

Mbokos’ counsel said his client would be articulating issues to do with the oversight role of Parliament on other State institutions.

State Law further said “LSK has no stake in the outcome of the matter and may suffer no prejudice if not allowed to litigate in the matter.”

Regeru said LSK was personalising what JSC had said were corporate decisions by defending the rights of its two members in the commission. He said the bodies that seeks enjoinment in the case were using buzz words like ‘public interest’, but on scrutiny, there was no public interest being articulated in the case.

LSK, through counsel Musalia Mwenesi, said it had over 8,000 members and was acting in public interest and will be prejudiced if the bench disallows them to proceed in the matter.