Jubilee fights back claims it is eroding democratic gains
Senate and National Assembly Select committees on elections law (amendments) during proceedings at County hall Nairobi on October 4, 2017. PHOTO | FILE | NATION MEDIA GROUP
What you need to know:
- Government officials told Sunday Nation that there was no “calculated motive” to deny Kenyans the rights that are enshrined in the supreme law.
- Government critics say Jubilee has used its numbers in Parliament to force through amendments that are viewed to be against the Constitution.
- President Uhuru Kenyatta acquired powers to hire and fire top police chiefs through a Miscellaneous Amendment that removed the role of Parliament and reduced that of the National Police Service Commission in vetting and hiring them.
The government has refuted claims that it is rolling back the gains of the Constitution in 2010.
Various government officials told Sunday Nation that there was no “calculated motive” to deny Kenyans the rights that are enshrined in the supreme law.
Government critics say Jubilee has used its numbers in Parliament to force through amendments that are viewed to be against the Constitution.
But Senate deputy Chief Whip Irungu Kangata said Jubilee majority in Parliament enables it to make laws that will ensure it meets its promises.
“Kenyans in their wisdom elected Jubilee as majority in Parliament. As long as the laws are passed as per the laid down procedures there is nothing wrong,” he said.
CHIEF JUSTICE
Some of the roll backs that Jubilee has been accused of include an amendment to the Judicial Service Commission (JSC) ACT in 2015 which required JSC to forward only one name to the President for appointment as Chief Justice.
The plot to have JSC submit three names to the President for consideration, thus giving the Head of State more leeway in appointing a CJ seen to be friendlier to the regime, was only defeated in the courts.
Early last year, President Uhuru Kenyatta acquired powers to hire and fire top police chiefs through a Miscellaneous Amendment that removed the role of Parliament and reduced that of the National Police Service Commission in vetting and hiring them.
Furthermore, attempts have been made by the party to trim the powers of the Auditor- General Edward Ouko whom the Government has accused of working for the Opposition.
Last month the Leader of Majority in Parliament, Garissa Town MP Aden Duale, said Mr Ouko’s removal alongside that of National Land Commission chairman Muhamad Swazuri, are Jubilee’s priorities in their second term.
The culminations of Jubilee’s sustained onslaught at the Judiciary is a Bill that was tabled in Parliament this week which seeks to clip the powers of the Judiciary and make it almost impossible for the Supreme Court to overturn future election results.
CIVIL SOCIETY
Alongside the Judiciary, the civil society has come in the bad-books of Jubilee Party which has accused Non-Governmental organisations of working together to mount a ‘judicial coup.’
But Mr Kangata says all these laws are passed with good intentions since parliament also gets its authority are from the people.
“There are always checks and balances provided by the Constitution. In any case if a law is unconstitutional, the Judiciary is there to interpret it. Though courts should not rush to declare laws as being unconstitutional,” he said.
He pointed out that some constitutional office holders like Auditor General have usurped extra-legal powers when carrying out their mandate.
“The Auditor General now even purports to advice on policy issues on institutions he is auditing. That should not happen, his is to ensure that there was value for money,” he said.
CEMENT LEADERSHIP
Jubilee party vice chairman David Murathe said despite protestations that the Executive is trampling on the rights of Kenyans, there is a misconception on what is the role of the Government.
“If there is a law and it has not been declared unconstitutional by our courts, then it should be implemented to the letter,” he said.
Mr Murathe who is a close friend of President Uhuru Kenyatta says the President should have a leeway to cement his leadership.
“We need a president like (Philippine’s Rodrigo Duterte or Paul Kagame of Rwanda. If people are demonstrating then they loot a supermarket, you need to exert force so that the next day they don’t loot,” said Mr Murathe.
He was reacting to demonstrations by Nasa supporters in Kisumu where a supermarket was looted.
FIRMNESS
Mr Murathe advocated for “firmness, law and order” when dealing with State matters.
“We have a total breakdown of law in the country. And yet people are complaining all over. All we need is strict implementations of the existing laws,” he said.
He defended the President from accusations that he may be getting weak or bad advice.
“The President is incapable of being misadvised. Before he makes his decisions he gets advice from all quarters. To say he is being misadvised implies that he has no mind of his own, which is not correct,” he said.
