The Law Society of Kenya has descended into the arena of conflict to take a position on the impasse between President Uhuru Kenyatta and the Chief Justice, David Maraga.
Kenya’s Chief Justice has accused President Uhuru Kenyatta of disregarding court orders, failing to approve the appointment of new judges, and threatening the constitution.
The Judicial Service Commission JSC had previously forwarded to Uhuru the names of 41 Judges for appointment in 2019 but the Attorney General questioned the integrity of some of the Judges which led to a court case that was decided in favour of the commission.
In a press briefing by the Chief Justice, he accused the President of delay in approving and swearing in the Judges six months after. He also said that the delay has made work difficult for the courts and created a situation where judges are overwhelmed and Justice slow.
The Law Society of Kenya in support of the Chief Justice on Monday had a press conference where the society condemned the attitude of the executive. According to the President of the Law Society, Nelson Havi, Uhuru’s behavior could be as a result of the failure of the Attorney General and Solicitor General to advise him properly or his refusal to heed to good counsel.
He further said that whatever the case may be is inconsequential because it is the responsibility of the President of Kenya to uphold the rule of law and comply with these obligation under the constitution. He is compelled by the constitution to swear in the 41 Judges.
Nelson Havi, said that in the recent past it has been the order of the day for the government to abrogate the constitution, to disobey court orders and govern in a manner likely to suggest that the constitution and rule of law is a great inconvenience in their operations.
Making reference to a resolution of the Council of the Law Society of Kenya on the 11th of May 2020, he said that the society proposes to remedy the failure of his two advisers by initiating proceedings to remove the names of the Attorney General and Solicitor General from the list of advocates which will consequently mean that President Uhuru will have quacks advising him in that capacity since they will cease to be advocates after having their names removed. He also said that a charge sheet will be drawn and they will be given an opportunity to tender their defence.
He said that Uhuru’s reference that there is cancer in the constitution is unfounded because the Constitution does not have a cancer. Nelson said that the statement is an attempt to remove the brain from the body and that the brain is the transformative progressive constitution that Kenyans have. According to Nelson, the government of President Uhuru Kenyatta has been built on the foundation of disobedience of Court orders.
Nelson stated that on the 11th of May, the council of the Law Society of Kenya resolved unanimously to petition the National Assembly and the senate to initiate proceedings for the impeachment of the President of the republic of Kenya for his failure to perform his duties under the constitution.
He said that the Society will commence with the striking out of the names of the Attorney General and Solicitor General from the list of advocates and proceed to the National Assembly and Senate to impeach the President of the republic Kenya, Uhuru Kenyatta.