CIC spells out the law on nominees

The chairman of the Commission for the Implementation of the Constitution Charles Nyachae. MPs on the Finance Committee clashed with the CIC over the latter’s mandate in relation to the nominations under debate February 9, 2010. FILE 

By NATION REPORTER

Posted Wednesday, February 9 2011 at 21:36

The Commission for the Implementation of the Constitution on Wednesday spelt out the law to MPs on why the Judicial Service Commission was mandated to roll out the initial appointment of the Chief Justice under the new order.

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Commissioner Kamotho Waiganjo told members of the Justice and Legal Affairs Committee that the clause being cited by the Executive to qualify its position — that the principals have the mandate to push through the nominations, and that JSC had no mandate in the first appointment — did not, in any way expressly exclude the body from carrying out a competitive recruitment.

Values and purposes

“We found it very difficult to argue for the exclusion of the Judicial Service Commission, because in article 259, we have to construe this Constitution in a manner that promotes its values and purposes,” said Mr Waiganjo.

CIC chairman Charles Nyachae and member Peter Wanyande were categorical that the commission would not compromise when it comes to compliance with the law.

Ms Millie Odhiambo (nominated, ODM) then declared: “On this matter, I disagree with the Prime Minister and the President and agree with the commission.”