MP may drop KACC case

A case filed to stop the Kenya Anti corruption Commission director from assuming office may be withdrawn.

This is after a lawyer, representing MP Boni Khalwale, hinted that recent developments that saw Parliament reject the reappointment of Justice Aaron Ringera may lead her client to withdraw the case.

The lawyer, Julie Soweto, said that since her client was a member of parliament, the decisions made in the House may convince him to take the decision.

She, however, said she is yet to get clear directions from the Ikolomani MP  on whether he wants to proceed with the case or withdraw it all together.  She asked the court to adjourn the matter until she has consulted the parliamentarian.

“My client being a MP may decide to withdraw the case therefore the courts should adjourn the matter until I get clear instructions from him.” Ms Soweto said.

Although her wish was granted by Lady Justice Kalpana Rawal, KACC lawyer Githu Muigai had initially opposed the adjournment saying the case is urgent and should be heard.

He argued that the case had been certified as urgent and that it was only proper for the courts to hear the matter as fast as possible because it is an issue of national concern.

According to him, Ms Soweto had enough time to consult the client since the parliamentary decision was made last week.” 

“It is regrettable that the MP did not bother to direct his advocate yet he knew the case was urgent," said Prof Muigai.

In the case, Ikolomani MP Boni Khalwale is asking the court bar Mr Ringera from office saying the reappointments of the director of KACC and his deputies were irregular and done without the approval of the National Assembly.

The MP is also suing the KACC advisory board for failing to perform its major tasks.

Last week, Parliament declared the reappointment of KACC director and his two deputies illegal and asked the President to revoke the appointments.

So far, one of the deputies Dr Smokin Wanjala has resigned.

The House Committee on Implementation has given the President 60 days to act on the MPs' decision.

Prof Muigai said Parliament's decision was not binging to the judiciary.

“The decisions in the Assembly may have political implications but they cannot have judicial implications,” said Muigai.

The case was adjourned to September 25 where the MP will report whether he wants to withdraw or let the matter proceed.