Agency faults MPs for changing law before consultation
Kenya Law Reform Commission (KLRC) Chairman Mbage Ng’ang’a (left) with Chief Executive Joash Dache during a media briefing at their office in Nairobi, on January 6, 2016. Mr Ng’ang’a says MPs erred in making the changes to the Judicial Service (JSC) Act and the National Police Service Act, 2011. PHOTO | MARTIN MUKANGU | NATION MEDIA GROUP
What you need to know:
- Kenya Law Reform Commission (KLRC) Chairman Mbage Ng’ang’a says MPs erred in making the changes to the Judicial Service (JSC) Act and the National Police Service Act, 2011.
- The changes through the Statute Miscellaneous (Amendment) Act gives the President powers to hire the next Chief Justice and the Deputy Chief Justice.
Parliament overstepped its mandate in changing the law to give President Kenyatta powers to appoint the Chief Justice, deputy CJ and top police officers.
Kenya Law Reform Commission (KLRC) Chairman Mbage Ng’ang’a says MPs erred in making the changes to the Judicial Service (JSC) Act and the National Police Service Act, 2011.
He said the changes were made without consultations, which is against the provision on public participation.
“As far as we are concerned, no one was consulted including ourselves before these changes were made to the law on hiring of judges and top police officers,” he said.
The changes through the Statute Miscellaneous (Amendment) Act gives the President powers to hire the next Chief Justice and the Deputy Chief Justice.
Consequently, the President will now hire and fire the two Deputy Inspector Generals of police and the director of criminal investigations.
KLRC says the changes are a threat to the independence of the Judiciary.
Mr Ng’ang’a also challenged the JSC, which is tasked with the responsibility of hiring judges, including the CJ and the deputy CJ to take its position on the matter.
