LSK forms team over poor state of law implementation

By: MAZERA NDURYA

The Law Society of Kenya (LSK) has formed a committee to look into concerns about the way the Constitution is being implemented.

LSK chairman Eric Mutua said the formation of the 35-member team follows increased cases of violations of the Constitution and infighting within some key government institutions.

“The executive arm of government has demonstrated uncontrolled appetite towards violation of the Constitution and disregard to judicial pronouncements,” Mr Mutua said.

He said MPs had at times passed or attempted to pass legislation that was unconstitutional and had pursued their oversight role with bad faith.

He cited the wrangling within the Judiciary, where some judges have openly disregarded their oath of office.

“Judicial transformation seems to have stalled due to infighting and partisan interests at the Judiciary and runaway corruption is prevalent in public expenditure,” Mr Mutua said.

The committee will be headed by senior lawyer Gibson Kamau Kuria, who will be assisted by Prof PLO Lumumba.

TEAM MEMBERS

The committee members include senior counsels Lee Muthoga, Nzamba Kitonga, Paul Muite and Ahmednasir Abdullahi.

Others are Dr John Khaminwa, Mr Gitobu Imanyara, Prof Ben Sihanya, Mr Apollo Mboya, Ms Judy Thongori, Mr Wachira Maina, Mr Njonjo Mue, Mr Harun Ndubi, Mr George Kegoro and Mr Elisha Ongoya.

Also on the committee are Fida Kenya chairman Ruth Aura, Kituo Cha Sheria Executive Director Gertrude Angote, Mr Harrison Kinyanjui, Ms Kethi Kilonzo, Mr Maurice Kimuli, Mr Mbugua Muriithi and Mr Simiyu Kuloba

The rest of the members are Ms Jennifer Shamalla, Ms Caroline Khasoa, Mr Ben Mosota, Ms Julie Soweto, Mr Anthony Oluoch, Mr Vincent Lempaa, Ms Rose Mbanya, Mr Michael Sangoro, Mr Waikwa Wanyoike, Mr Omwanza Ombati, Mosoni Apale and Ms Mercy Ngugi.

Mr Mutua said the current state of affairs has led to a near breakdown of law and order.

“If unchecked, the current trend is likely to erode the gains that the country has achieved in constitutional and legal reforms,” Mr Mutua said.

He said the LSK Council, informed by the current unfortunate situation, resolved to establish a committee whose mandate would be to promote constitutionalism and the Constitution’s implementation.

SOURCE: DAILY NATION