Lawyers threat over JSC nominee dismissed

The chairman of the parliamentary Justice and Legal Affairs committee, Mr Ababu Namwamba. Photo/WILLIAM OERI

A Parliamentary committee has dismissed threats by lawyers to seek legal redress if their Judicial Service Commission (JSC) candidate is rejected.

The Justice and Legal Affairs committee chairman Ababu Namwamba stated Wednesday that his team will not be intimidated by the Law Society of Kenya (LSK) as they execute their mandate.

“They should tell us why the issues being investigated now escaped their attention yet they claim they vetted their nominees,” Mr Namwamba said.

On Tuesday, lawyers threatened to go to court if Parliament rejects Mr Ahmednassir Abdulahi whom they elected to represent the LSK.

Some leaders have raised questions over the integrity of Mr Abdullahi but LSK chair Ken Akide has expressed full confidence in his integrity and professional standing.

The lawyers further claimed that Parliament lacks powers to vet candidates elected by statutory bodies.

Mr Namwamba argued that the fact that the LSK nominee agreed to present himself before the committee for vetting means that he accepted their interpretation of the law.

He termed the move by Mr Abdullahi of questioning the committee's mandate after agreeing to their terms is the first place as hypocritical.

The law society, he said were having tantrums adding that their statements are frivolous.

He pointed out that the vetting process by his team “is the only way to transmit nominees to various offices".

On Monday the Namwamba-led committee recalled Mr Abdullahi for further interviews following accusations that he, with the help of former Cabinet minister Moses Wetang'ula, tried to force former Postmaster-General Daniel Ameyo to pay Sh63 million in inflated legal fees.

However, Mr Akide argued that the committee had no powers to interview Appeal Court Judge Riaga Omollo, High Court Judge Isaac Lenaola and Principal Magistrate Emily Ominde who had been elected by their peers.

Quoting Article 171 (h) of the new Constitution, the lawyers said Parliament was only mandated to approve appointments of two non-lawyers appointed to the commission by the President.

“The LSK and civil societies have always demanded for a transparent way of conducting business. We will not put lawyers in a class above others,” nominated MP and committee member Ms Millie Odhiambo said.

“The public does not want people with questionable character,” she further said.

Candidates, she added, will be rejected or accepted based on the information presented before the committee.