Fresh dispute looms as law council rejects Kinyua order to leave office

A new confrontation between the Council of Legal Education and State House is brewing after its CEO accused President Uhuru Kenyatta’s Chief of Staff Joseph Kinyua of misinterpreting the law. 

Mr Kinyua had in February written to the council’s board, reminding it of an amendment that caps its tenure at three years from the previous four.

This means the current board’s tenure was to end in February.

However, the council has disregarded these orders and is still in office.

Attorney-General Githu Muigai is a member of the board and it is not clear whether he was part of the two-page letter sent to Mr Kinyua dismissing his directive.

In February, Mr Kinyua wrote to the council: “By the way of this letter, you are hereby notified that pursuant to Section 4 of the Legal education as duly amended vide Act No. 18 of 2004; the tenure of the current Council of Legal Education is capped at three years from the previous four years. The new board shall be reconstituted in due course.”

WHOLE BOARD DISBANDED

In his response, the council’s CEO, Prof Wanyama Kulundu-Bitonye, said the changes do not affect the current body.

“In light of the foregoing, we would be grateful to receive your confirmation as to whether your understanding of the law in this respect is to the contrary to enable the council take all appropriate steps,” Prof Kulundu-Bitonye wrote in his response to Mr Kinyua.

The Nation has established that State House is keen to have the whole council’s board disbanded in order to “save the face of the legal training in the country”.

In another letter sent to Prof Kulundu-Bitonye by State House last week, the earlier position that the council be disbanded was reiterated.

“Parliament intended that the tenure of the members of the board of the council be reduced from four to three years; starting with the council in place at the time of the enactment of the amendment,” states a letter sent by Deputy Chief of Staff Nzioka Waita.

Last week, the High Court declared the council illegally constituted and ordered its reconstitution within 60 days.

However, the council, during its meeting on Wednesday last week, resolved to appeal the ruling and seek stay orders.

Under the amended Act, the President has the power to appoint the council’s chairman and the Law Society of Kenya will nominate two members instead of the current three.

Public and private universities will be required to nominate a member each. Previously, it was only the public universities that had a seat.

According to the amended law, the board is supposed to have 10 members chaired by an individual with at least 15 years’ experience in legal education and training.

Other members include the principal secretaries responsible for legal education, and finance, the Attorney-General and the Chief Justice.