KENYAN PRESIDENT UHURU MUIGAI KENYATTA FACES IMPEACHMENT FOR VIOLATING THE CONSTITUTION

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.