The Nation (Nairobi)

Kenya: MPs Told to Tread Warily on Courts

Nairobi — MPs have been urged to be cautious in the way they handle the Judiciary.

The warning comes after a report by consultants hired by the House Legal Affairs and Judicial Committee recommended the removal of Chief Justice Evan Gicheru from the Judicial Service Commission.

The Law Society of Kenya Mombasa branch chairman, Mr Mohammed Balala, says the House team should not infringe on the principle of separation of powers as it awaits to table the report in Parliament later this month.

In addition to the CJ's removal, the report also recommends weakening the President's powers over the JSC.

Mr Balala, however, told MPs it was important to await constitutional reforms rather than have piecemeal changes.

"As we await the report, it is also important to point out that it will be against the rules of natural justice to condemn a person unheard. There should be fairness in the way the issue is handled," he cautioned.

Meanwhile, the CJ has dismissed calls to resign from churches, MPs and civil society.

"Can I stop them from wanting me to resign? Anybody can say what he/she wants," he said on Tuesday.

"Hii ni nchi huru (This is a democratic country), let people say what they want," he said.

Last year, the LSK put him on notice, saying his continued stay would leave it with no choice but to call on the President to set up a tribunal to remove him.

Mr Justice Gicheru has been accused of a lacklustre performance in office and failure to carry out crucial reforms in the Judiciary.

Tagged: East Africa, Kenya

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