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Friday, January 6, 2012

Nyachae ready for talks to end dispute with AG



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By PETER LEFTIE pmutibo@ke.nationmedia.com
Posted  Thursday, January 5  2012 at  22:30
The Commission for the Implementation of the Constitution is ready to discuss differences with Attorney-General Githu Muigai over the enactment of new laws.
Chairperson Charles Nyachae, however, denied knowledge of any planned meeting bringing together the CIC, the AG’s office and the Constitution Implementation Oversight Committee (CIOC) to iron out the differences.
“I do not know of any plans (for a retreat). I received a call from CIOC chairman Abdikadir Mohammed on Tuesday expressing concern about the matter and that his team was ready to help find a solution,” Mr Nyachae told Nation in an interview on Thursday.
“I thought it was a good idea. He wanted the meeting away from the public glare but I have no problem with the matter being in public domain,” he added.
Mr Nyachae maintained his stance that Prof Muigai is an impediment to the Constitution implementation process, noting that former AG Amos Wako had never undermined the commission’s work.
“We had issues with (former AG Amos) Mr Wako over delays in the process but we never had an issue with him regarding the CIC mandate,” Mr Nyachae said.
Prof Muigai declined to comment on the allegations when contacted. “I do not wish to comment on that, thank you,” he stated.
Early this week, CIC in an open letter accused the AG of distorting the letter and spirit of the new Constitution to achieve selfish ends.
Mr Nyachae added that even though the AG “may be handpicked by the President”, his ultimate client is “the people of Kenya”.
“Whether in private practice or in the public office, the lawyer’s responsibility is to advise his clients on the true position of the law and not to distort it to suit a personal or other agenda that would undermine the rule of law,” he stated.
But Prof Muigai has challenged CIC to point out instances when he has interfered with the process of enacting the new laws.

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