#OPINION CRIPPLING JUDICIARY IN THE NAME OF CONSTITUTION. By James Soi For the last few days the country has witnessed intense push and shove between the three arms of the government. Notable is the fact every party claim to be on the right side of the law. The president suspended the six JSC commissioners and formed Ringera-led four member tribunal to investigate them. The JCS has been left with five commissioner, who cannot transact any business due to lack of quorum. A minimum of six commissioners are allowed in law to transact business on behalf of JSC. This implies that all functions at JSC shall be at stand still, till the tribunal report and recommendations tabled before the president. The grounds on which the six were suspended are well known to Kenyans. The question one begs is, why would a whole commission be crippled on flimsy accusations which would have been dealt long ago during their suitability vetting? By extent its evident that politics have taken a center stage on this all circus. The fight of impunity has bounced back to hound the six commissioners. There is no working time frame for the tribunal and who knows, it may sit for over six months to which JSC and Judiciary at large will be at its knees. JSC Commissioners are elected officers just like MPs, one would wonder why wont MPs be subjected to tribunals when they go wrong. If at all the commissioners misappropriated funds, why cant EACC probe and charge each of them? As much as each side proclaim to be acting legally, observers are not lost to notice play of politics, impunity and vested interests. If this continues the independence of the Judiciary as enshrined in the constitution shall be compromised. We do not anticipate a Judiciary that will be at the behest of parliament and the executive.
Posted on: Mon, 02 Dec 2013 09:32:05 +0000