Lawyers threaten court action over JSC nominee

The Law Society has threatened to go to court if  Parliament rejects its candidate to the Judicial Service Commission.

The lawyers argued that Parliament had no powers to vet candidates elected by statutory bodies Tuesday.

The integrity of lawyer Ahmednasir Abdullahi, who was elected by LSK members as its JSC representative has been called to question.

But LSK chairman Ken Akide expressed “full confidence in the integrity and professional standing” of their candidate.

“The purported vetting is a breach of the constitution since Parliament has absolutely no powers to vet candidates elected by statutory bodies such the law society,” said Mr Akide who was accompanied by LSK council members.

But Mr Ababu Namwamba, the chairperson of the House committee on  Justice and Legal Affairs, has maintained that all the JSC candidates must receive a stamp of authority from Parliament.

"We'll table all the names of every person who has appeared before us, each with specific recommendations on whether we think Parliament should approve the names or reject them, " Mr Namwamba said.

He says the fact that Mr Abdullahi had accepted to submit himself before them  meant  that “he agreed with the committee's interpretation of the law".

LSK accused Parliament of delaying setting up the commission on the implementation of the new constitution as well as that of revenue allocation. The two teams ought to have been set up by last week.

The LSK leader argued that the committee had also 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 Article171(h) of the new Constitution, the lawyers said the Parliament was only mandated to approve appointments of two non-lawyers who are  appointed to the commission by the President.

The article says the JSC shall consist of “one man and woman to represent the public, not being lawyers, appointed by the President with the approval of the National Assembly".

On Monday, the Namwamba committee recalled Mr Abdullahi for further interviews following accusations that he, with the help of former Cabinet minister Moses Wetang’ula, attempted to coerce former Post Master General Daniel Ameyo to pay Sh63 million in inflated legal fees.

Dr Ameyo told the committee that he had declined to pay Mr Ahmednassir’s law firm the money because he considered it “a fraudulent claim because that type of money cannot be justified".

After that meeting in November 17, 2003, Mr Ameyo said, the former minister called him and asked him to pay the money “so that we could get something for Christmas”.

Ms Emily Wangari Kamau, a Principal State Counsel, told the committee that she was following up on the case and accused Mr Ahmednassir of “extortion, gross malice and abuse of office".

In an affidavit tabled before the committee, Ms Kamau alleges that Mr Ahmednassir used his then position as the chairman of the Kenya anti-Corruption Commission Advisory Board and as chairman of the Law Society of Kenya to “threaten” Mr Ameyo that he’d take him to court on Anglo-Leasing related charges if he didn’t pay.

The lawyer  has denied any malfeasance in his life and profession regarding his character and integrity.

On Monday, he denied the Sh63 million claim saying that all he knew about was Sh29 million which was contested and put up for taxation by the court.

The lawyer asked the committee what they thought about the fact that an officer in the AG’s office had accused him of such grave crimes as extortion, gross malice and abuse of office yet they had not pressed charges.

The former LSK chairman said he chaired LSK’s council meeting that decided to sue the AG Amos Wako for his legal opinion in the Anglo Leasing case.

“If he had something on me he’d not have spared me; just like I didn’t spare him when I had something on him,” he told the committee.

“I swore an affidavit that formed the basis of the private prosecution of the Attorney General.”