LSK condemns Duale attack on Justice George Odunga
National Assembly Majority Leader Aden Duale (centre) addresses the press outside Parliament Buildings in Nairobi. He on December 22, 2016 attacked Justice George Odunga. PHOTO | FILE | NATION MEDIA GROUP.
What you need to know:
The statements attracted immediate fury from the Law Society of Kenya (LSK) that termed the utterances as “an attack on the independence of the judiciary, integrity of the judge and an abuse of parliamentary privilege.”
The statement by Mr Duale was made as the judge was preparing to rule on an application by the opposition challenging changes to negotiated electoral laws.
In his ruling, Judge Odunga ruled that nothing could stop the court from reversing any decisions made by Parliament.
In one of the harshest attack yet on the Judiciary, National Assembly Majority Leader Aden Duale has accused High Court Judge George Odunga of what he said was playing “tribal politics” and being partisan.
In an outburst shortly after Jubilee MPs bulldozed their way and used their numerical strength to pass contentious amendments to the electoral laws at the House, Mr Duale claimed Justice Odunga was taking back the Judiciary to the old days.
“And I want to tell one Judge Odunga, when we open on January 24, I will introduce a Motion to discuss you. We will expose you. You cannot be a member of the Bench and play tribal politics,” he said.
LSK REACTS
Mr Duale argued that the Judiciary “had come of age, and was the most independent in Africa”, but argued that Mr Justice Odunga’s actions had threatened the new found independence.
The statements attracted immediate fury from the Law Society of Kenya (LSK) that termed the utterances as “an attack on the independence of the judiciary, integrity of the judge and an abuse of parliamentary privilege.”
The statement by Mr Duale was made as the judge was preparing to rule on an application by the opposition challenging changes to negotiated electoral laws.
In his ruling, Judge Odunga ruled that nothing could stop the court from reversing any decisions made by Parliament.
PRIVILEGE ABUSE
“It is an attack on the independence of the judiciary and on the integrity of the honourable judge and an abuse of parliamentary privilege. It is conduct completely untenable in any civilised democracy,” said Mr Isaac Okero, the LSK president.
He said Justice Odunga holds an important constitutional office as a judge of the superior court and a member of the judiciary whose independence is protected by Article 160(1) of the Constitution.
“His exercise of judicial authority is undertaken on behalf of the people of the Republic and therefore cannot and should not be subjected to any impediment of any nature,” said Mr Okero in a statement.
The LSK president said they will not take lying low this and any other attempt to threaten or intimidate the Judiciary official or any member of the judiciary exercising judicial authority.
