Ombudsman asks President Uhuru Kenyatta to rescind decision suspending JSC members

By ROBERT NYASATO

NAIROBI, KENYA: The Office of the Ombudsman wants President Uhuru Kenyatta to rescind his decision to suspend six members of the Judicial Service Commission (JSC) pending findings of a tribunal he appointed to probe them.

In an advisory opinion to the President on the standoff between the National Assembly and the Judiciary, Commission on Administrative Justice chairperson Otiende Amollo said suspending the commissioners would paralyse the Judiciary. “The Constitution didn’t envisage removal of commissioners’ enmass, a situation that would result in crippling the operations of the JSC and the Judiciary,” Amollo said in the advisory to State House. He recommended that the suspended commissioners can continue serving as they await the outcome of the tribunal appointed to probe them, noting that Article 251(4)(a) makes the suspension discretionary. “Lifting the suspensions will be in the interest of allowing continuity and preventing the Judiciary from grinding to a halt,” Amollo offered.

Court Order

Amollo further said that it was a constitutional obligation for the President to appoint the tribunal. CORD leaders led by former Prime Minister Raila Odinga have said President Kenyatta erred in suspending the commissioners and appointing a tribunal thus negating the principal of separation of powers. The ombudsman said it was now upon the tribunal to be chaired by retired appellate Judge Aaron Ringera to examine all the issues before it and make a determination.

“If the tribunal concludes that Parliament erred in its conduct in sending the report to the President despite a court order, then it will terminate the process at that stage but if it finds otherwise, it would deal with issues and forward its recommendations to the President,” Amollo explained.

He pointed out that it was improper for Parliament to have ignored a court order on the matter given that the overall responsibility of interpretation and enforcement of the Constitution lies with Judiciary.

 “The High Court is constitutionally empowered to interpret the Constitution,” he opined.