Hon Duale intimidated the judge and violated the independence of Judiciary

With hindsight, in 1994, a neighboring country in East and central Africa (Rwanda) went into ethnic cleansing. It started as a derogatory reference of Tutsi by Hutu as cockroaches left about 800,000 Tutsis dead in the worst genocide in the history of Africa.

I want to call upon Hon Millie Odhiambo, Mbita MP and a lawyer by profession to swallow her pride and apologize to the president for the abusive remarks she made on him. The similar call goes to Hon Moses Kuria, Gatundu South MP, a loose cannon on public fora and on social media prone to spewing venom, for insults on Mrs. Odhiambo.

The institution of the presidency is a symbol of unity and authority in a country with a presidential system of government it deserves respect. MPs may be brimming with emotions have differences on policies and legislations. Yes, however, this does not give them carte blanche to misuse their privileges of freedom of speech to insult.

Meanwhile, what beggar’s description in this context is the timing and desperation of the leader of the majority in national assembly? He appeared to have his back on the wall on Thursday. He, however, sighed with relief thanks to the CORD withdrawal from the session that enabled him to lead the bulldozing through six amendments to election laws.

Ironically, the electoral laws scuttled by Jubilee and amended to suit them were a subject of a bi-partisan agreement between two political sides. After successful effort of passing through amendments, Hon Duale, unashamedly, fingered out high court Judge George Odunga criticizing him for being politically biased in favor of opposition and promised to commence an action on January 24, 2017, when parliament session resume, on the latter. The judge’s crime was to grant opposition a hearing in a case filed to challenge voter register inspection by KMPG (an audit firm).

The opposition is an aggrieved side in this matter of electoral laws it feels short changed. The question to Hon Duale is, where opposition turns to seek legal redress when they feel that the amendments bulldozed and rammed down their throats by Jubilee if not recourse to the court.

Let me remind Hon Duale that, High Court in Kenya has the unlimited jurisdiction (power) meaning it has the power to hear both original and appeal cases, it has the power to interpret the law and power to enforce human rights and freedom as set out in the constitution.

For me, Hon Duale is intimidating the judge and violating the independence of the judiciary. While the constitution recognizes the independent of both parliament and judiciary interim of operations, it is the judiciary that has the onus of interpretation of the laws legislated by parliament.

Further, the judiciary should be a non–partisan arbiter in legal disputes, since a two wedded one to the government ceases to be fair to the opposition. However, this is what Hon Duale and the group wants, as they dance about the successful effort, oblivious of cutting capers.

Judge Odunga’s removal from office grounded on facts of misconduct in his profession; it will be myopic, illogical and absolute abuse of power to haul him from office simply because the leader of the majority has voiced his concern. The judge enjoys the security of tenure stipulated in the constitution.

If president appoints a tribunal subject to Hon Duale concerns, consequently and persuasively find him culpable for impeding Jubilee’s endeavors corruptly and not justifiably, and then he has no option but to quit.

Apparently, Hon Duale is trying to gain the brownie points by ensuring that the government business does not fail in national assembly at whatever cost. Nevertheless, his attack on the judge was intemperate and ill-founded.

Chapter 10 of the constitution cap 160(1) quite fundamentally on the question of jurisdiction states that: - Jurisdiction of the court as constituted under cap 161 shall consider constitution together with the law and shall not be administered or directed by any person or institution.

The underlying message from Hon Duale intimidation to the judge is either government apologist or otherwise face punishment outlet all the way.