CIC seeks direction from Court of Appeal

Thursday, 24 February 2011 00:01 BY NZAU MUSAU

THE withdrawal of the four judicial nominees notwithstanding, the Commission for Implementation of the Constitution will proceed with its plan to move to Court of Appeal for the sake of future appointments.
The CIC is using Article 163 (6) of the constitution to obtain an advisory opinion on the meaning of nine articles and two sections of the transitional clauses which were mentioned in the tussle.
The commission wants the court to set the record straight on future appointments because the interpretation would be permanent and binding coming from the highest court in the land. “This in our view will settle once and for all the constitutional issues that are the subject of discussion in the nomination. The authoritative pronouncement will also be the basis on which similar constitutional offices will be filled in the future,” Nyachae said on Tuesday.
The articles the commission wants interpreted are Article 156 on the Attorney General, Article 157 on the Director of Public Prosecutions, Article 166 on the appointment of the Chief Justice, Deputy Chief Justice and other judges, Article 228 on the Controller of Budget and Article 10 on national values and principles of governance.
Others are Article 27 on equality and freedom from discrimination, Article 73 on responsibilities of leadership, Article 232 on values and principles of public service, Article 259 on construing of the constitution and two sections of sixth schedule- section 24 on CJ and section 29 on new appointments.