KENYAN PRESIDENT FACES IMPEACHMENT FOR VIOLATING THE CONSTITUTION
By Chris Ojow
Kenyan two Arms of the Government the Judiciary and the
Executive are back again in the ring after one accused the other of
disobeying the law.
The newly appointed Kenyan first Female Chief Justice and the
President of the Supreme Court , the Highest Court in the Country
Martha Koome issued a statement demanding for the Kenyan
President Uhuru Muigai Kenyatta to adhere to the Constitution and
with speed appoint the remaining six Judges he’s alleged to have
selectively isolated on unknown reasons against the Constitution of
the Republic of Kenya.
The 41 Judges who were selected by the Country mandated
Independent Institution JSC for elevation since the year 2019 after
one Judge passed away remaining 40, has been waiting for the Head
of State to adhere to the law for two good years, a situation
described by a cross section of Kenyans and Scholars as a Violation
of the Constitution by the President.
Article 145 of the New Constitution of the Republic of Kenya on the
removal of the President by impeachment.
A member of the National Assembly supported by at least a third of
the Assembly Members, may move a motion for the impeachment of
the President on ground of violation of the Constitution.
A lawful mandated Independent Institution the Judicial Service
Commission, tasked to promote, facilitate the independence,
accountability of the Judiciary, efficient, effective and transparent
administration of justice with a duty enshrined in the 2010 New
Constitution to recommend to the President persons for
appointment as Judges and with the powers to receive complaints,
investigate and remove from Office be it Magistrates, the staff of
Judiciary or Judges has been undermined by the Head of State to
perform their lawful duties, a total violation of Article 172 of the
Constitution.
In a statement forwarded to the news outlets Globally by Kenyan
first Female Chief Justice Martha Koome.
The President of the Supreme Court of Kenya called for the respect
of the Constitution by the Kenyan President Uhuru Muigai Kenyatta,
stressing that the head of State has no powers to shortlist the
recommended list by the Country mandated JSC list and called for
the Head of State with speed to appoint, gazette the six remaining
high Court judges to the position of Court of Appeal where there is a
crisis in backlogs of cases due to lack of enough appellate Judges.
In a recent rulings by the High Court of Kenya, the Judges found the
President guilty of Violating the Constitution by appointment of
several State officers and creating non-existent offices within the
Government departments contrary to the Country Constitution.
During the swearing in of the President of the Republic of Kenya
Uhuru Muigai Kenyatta, the President together with his elected
deputy took oath to protect, guard and adhere to the Country
Constitution.
In the year 2017 during the disputed Country General election,
where the Supreme Court of Kenya nullified the election, the
President is on record mentioning the words “we shall revisit” and
during the 58th celebrations of the Country self rule, the head of
State in his Statement attacked the Country Independent Third Arm
of the Government the Judiciary for outlawing the President and
Former Prime minister Raila Odinga’s project the Building Bridges
Initiative (BBI) as unconstitutional where the head of State stressed
that the Country Constitution is not a rope tied on their neck, as the
High Court of Kenya five Judge bench apart from declaring the BBI
as unconstitutional also declared that the President of Republic of
Kenya can also be Prosecuted.
In her Statement the Chief Justice Martha Koome directed her
remarks to the President of Kenya Uhuru Muigai Kenyatta to
Respect the new 2010 Constitution of the Republic of Kenya and
further stressed that no person or any State organ has the authority
to direct the Judiciary the Third Arm of the Government or the JSC
on their Constitutionally given mandate.
KENYAN PRESIDENT UHURU MUIGAI KENYATTA FACES IMPEACHMENT FOR VIOLATING THE CONSTITUTION
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KENYAN PRESIDENT UHURU MUIGAI KENYATTA FACES IMPEACHMENT FOR VIOLATING THE CONSTITUTION
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