LSK seeks all-inclusive constitutional review, Dialy Nation (2009)
The Supreme Court, LSK suggest should constitute a Chief Justice and less than five and not more than seven judges.
The Law Society of Kenya (LSK) has protested at what it terms well-calculated move by Parliament to sideline wananchi in constitutional review.
The LSK Chairman Okong’o O’mogeni said Parliament had taken control of the process leaving no room for wananchi’s input.
"At the moment, the process is Parliament-driven. PSC is a committee of Parliament, and reports back to it. All other organs, the Committee of Experts, the Interim Boundaries Commission, the IIEC, and the interim alternative disputes resolution Tribunal are parliamentary chosen and driven," said the chairman.
Mr Omogeni said the boundaries Commission cannot adequately address the issues of constituencies and district boundaries without the issues of representation of people being addressed.
Resource distribution
He said some of the issues, which remain potentially contentious, are the system of Government, representation of the people and equitable distribution of resources.
LSK also wants the Government to address land issues, especially in Coast province, Rift Valley and Central provinces. In a letter to the Justice Minister Mutula Kilonzo, LSK says it supports a local tribunal to try perpetrators of the post-election
Violence.
In order for the proposed tribunal to function effectively, the legal framework must address some key areas.
The LSK demands that the tribunal have the mandate to investigate and recommend action against any official in Government if implicated.
It also calls for amendments to some sections of the Constitution in order for the work of the special tribunal to save courts from being bogged with constitutional references.
The sections include section 14 which grants immunity from prosecution to the sitting President be amended to be in line with article 27 of the ICC.
Section 26 of the Constitution empowers the Attorney General to institute, takeover and continue or discontinue criminal proceedings. LSK wants Parliament to take away the power of the Attorney General in tandem with the provisions of the Statute.
It also wants section 27 of the Constitution amended and a systematic approach established to demobilise illegal armed groups.
Supreme court
It wants a supreme court established to handle presidential election disputes, disputes arising from the process of impeachment of the President and have appellate jurisdiction to hear appeals from the Court of Appeal or from any other court or tribunal as prescribed by an Act of Parliament.
The lawyers have also suggested the CJ serves two terms of five years or until he attains the age of seventy years whichever comes earlier.
Report by
By Beauttah Omanga
