IMPEACHMENT

Havi: LSK to petition Parliament to impeach President Uhuru

LSK say President Uhuru Kenyatta seeking to weaken the Judiciary and Legislature.

In Summary

• "It is either President Uhuru Kenyatta's legal advisors who are the Attorney General Kihara Kariuki and the Solicitor General are giving him the wrong advice or he has simply refused to listen to their good advice," he said.

• Havi said Uhuru is bound by the law to uphold the Constitution, a responsibility he must fully adhere to.

LSK President Nelson Havi during a press briefing on June 8, 2020.
LSK President Nelson Havi during a press briefing on June 8, 2020.
Image: MERCY MUMO

The Law Society of Kenya now says it will petition the National Assembly and the Senate to initiate a motion to impeach President Uhuru Kenyatta.

Society president Nelson Havi said the impeachment is with regard to the 'blatant disobedience' of court orders and violation of the Constitution.

Havi on Monday told journalists that the President swore to uphold the values of Constitution just as other state officers, including the Chief Justice and advocates, did.

 

"It has become the order of the day for the government to disobey court orders  in manner to suggest the Constitution is an inconvenience to them," Havi said.

He said it has been six months since Chief Justice David Maraga requested the swearing-in of 41 judges, but the President has taken no action.

"It is either President Uhuru Kenyatta's legal advisors who are the Attorney General Kihara Kariuki and the Solicitor General are giving him the wrong advice or he has simply refused to listen to their good advice," he said.

Havi said Uhuru is bound by the law to uphold the Constitution, a responsibility he must fully adhere to.

He said the society's Council as a result has resolved to petition the two Houses of Parliament to impeach the President.

"The LSK resolution made in May further instructs that we  initiate proceedings to remove the AG and the Solicitor General from the list of advocates. This means they will cease being advocates of the High Court and the AG and Solicitor General respectively," he said.

He said a charge sheet will be forwarded to them and they must respond in seven days, giving reasons why they should not be removed from the list.

 

"After that they will be expected to appear before the council and the members where they will be given an equal opportunity to defend themselves," Havi said.

 Havi said the society is well aware of a 'plan by the Executive to have a control of the Judiciary'.

"We have all witnessed actions aimed at weakening these institutions and if the two houses are unable to impeach the President then Kenyans have a responsibility to hold their leaders to account," Havi said.

Earlier on, Maraga accused the President of refusing to meet him to discuss the stalled appointment of 41 judges proposed by the Judicial Service Commission.

Maraga said Uhuru's refusal to swear in the judges has contributed to the backlog of cases currently being experienced in the Judiciary.

"You know I have respect for you as our President, you also know that I have unsuccessfully sought an appointment with you to sort out these issues but it has been futile leaving me with no option but to make this public," he said.

 Speaking on Monday at the Supreme Court, Maraga asked Uhuru to direct the AG to begin the process of satisfying the decrees issued by the courts.

"The President's disregard of court orders doesn't bode well for our constitutional democracy and is potentially a recipe for anarchy," Maraga said.

"I must remind you that you swore to defend the constitution and the laws of Kenya. The laws include court orders. Demonstrate that faith and respect the rule of law and comply with court orders."

His sentiments were echoed by Elgeyo Marakwet Senator Kipchumba Murkomen who said the president should not have everything by himself.

Murkomen said a time has come for the President to be reminded that legacy  is not a coat he can just pick and wear.

He said though Uhuru is concerned about leaving a legacy after his term, every leader, including the Chief Justice, political leaders, civil servants and other 'hustlers' too want to leave a good legacy.

"Mr President, legacy is the sum total of what you do every day, not a coat you pick and wear at the end of your term. Obey court orders and rule of law," Murkomen wrote on Twitter.

He added, "It’s not you alone who wants a good legacy; CJ, elected leaders, civil servants, hustlers all want a good legacy. Don’t make everything to be about yourself."