Lawyers want minimum reforms

Law Society of Kenya chairman, Okong'o Omogeni speaks at a past press conference at LSK offices in Nairobi. Photo/PHOEBE OKALL

What you need to know:

  • The Judiciary’s competence to preside over major political crises was discredited after ODM said it lacked confidence in it
  • The handling of the elections, the lawyers said, had tainted the electoral body’s image.

Lawyers on Wednesday revived the clamour for minimum reforms before a new constitution is enacted.

The lawyers cited the Judiciary, security agencies and the Electoral Commission of Kenya as needing urgent reforms even as the country awaits a new constitution.

“We need to engage the Government on the need for minimum reforms that will strengthen key institutions so that the country does not return to violence as witnessed after last year’s elections,” Law Society of Kenya chairman Okong’o O’Mogeni said during a meeting with US and European Union officials.

The handling of the elections and the fact that most ECK commissioners were unilaterally appointed by President Kibaki, the lawyers said, had tainted the electoral body’s image.

Political crises

Lawyer Mutakha Kangu said the Constitution can be changed to allow the removal of current ECK commissioners before their tenure ends.
The Judiciary’s competence to preside over major political crises was also discredited after ODM said it had no confidence in it after last year’s presidential poll results were announced.

The lawyers also said judges needed to be appointed on merit, not political patronage. The meeting was attended by among others Ms Joyce Majiwa, Mr Ben Sihanya, Mr Nzamba Kitonga and former nominated MP Njoki Ndung’u.

The group reiterated that the proposed new constitution should not be subjected to a referendum.

“The purpose of this committee is to ensure that no obstacle derails this process in the future,” the LSK chairman said in reference to the society’s committee on the constitution.

They also believe that a referendum would be divisive if politicians divided their support for and against the constitution.

The lawyers have held meetings with Prime Minister Raila Odinga and Justice minister Martha Karua on the process of coming up with a new constitution.