Court Stops Tribunal to Probe JSC

 

SIX members of the Judicial Service Commission suspended by President Uhuru Kenyatta on Friday were reinstated by the High Court yesterday. High Court judge George Odunga further blocked the tribunal appointed by the President from commencing any investigations against the six JSC members pending the hearing and determination of their case challenging the probe.

The six JSC members are Ahmednassir Abdullahi, Florence Mwangangi, Prof Christine Mango, magistrate Emily Ominde, appeal judge Mohammed Warsame and Rev Samuel Kobia. "The court takes judicial notice of the central role played by the petitioner (JSC) in ensuring that there is smooth administration of justice in this country and that the suspension of the said six commissioners may impact negatively on the smooth operation of the petitioner," said Justice Odunga.

In a short ruling the judge said that the appointment of the tribunal by the President was in breach of court orders and therefore the action was null and with no effect. To permit the tribunal to start work before all parties in the case are heard would be a waste of public funds as well as amount to disobedience of court order.

The JSC had applied to Judge Odunga challenging the decision by the JSC suspension by the president. The JSC questioned the legality of Uhuru's decision as it disobeyed a court order. The president suspended the JSC members last Friday after he received a recommendation from the National Assembly for their removal.

However a court order was issued last month barring Parliament from debating or initiating of removal of the six JSC members.

The High Court court twice issued orders that were served on both Attorney General Githu Muigai and Speaker of the National Assembly Justin Muturi. The first order barred the parliamentary Committee on the Administration of Justice from tabling its report on the six JSC members to parliament.

The second court order on November 6 barred Parliament from discussing the report and initiating the removal of the six. Yesterday Judge Odunga directed that the matter be placed before Chief Justice Willy Mutunga for constitution of a three judge bench.

"It is my considered view that the issues raised in this petition are substantial questions of law with respect to interpretation of the constitution more particularly with regard to the relationship between the three arms of government and separation of powers between them," said the judge.

After the ruling, lawyer Paul Muite defended the JSC saying its members had not refused to appear before the parliamentary committee as claimed. He said the JSC had instead asked on October 20 for more time to organize itself before appearing before the committee.

He added that the parliamentary committee went ahead to prepare its report while the JSC was preparing to appear before them.

In August a petition was filed seeking the removal of six JSC members.

The parliamentary committee then summoned the JSC on August 20 after disciplinary proceedings were initiated against now sacked Chief Registrar of the Judiciary, Gladys Boss Shollei.

Kenya

Corruption is the thief of economic and social developement

   
 Mr. Yuri Fedotov giving his speech at the openning of the conference in PANAMA

LLI-PANAMA, "Corruption is the thief of economic and social development; stealing the opportunities of ordinary people to progress and to prosper," said UNODC Chief, Yury Fedotov, at the opening of the Fifth Session of the Conference of States Parties to the UN Convention against Corruption in Panama City - COSP5.

Emphasizing connections between corruption and sustainable development Mr. Fedotov said that corruption was not simply a crime, it was the instigator of other criminal activities such as transnational organized crime and drug trafficking.

"Without corruption and bribery," Mr. Fedotov said, "millions of women, children and men cannot be trafficked as slaves; thousands of small arms cannot reach their violent destinations; and tons of illicit drugs cannot reach their consumers." The rule of law is also increasingly being recognized as the foundation for transparency and accountability, and the enabler of sustainable development he said.

Corruption has a devastating impact across the world. It is estimated by the World Bank that, every year,  between US$20 to US$40 billion dollars are lost from developing countries due to corruption and bribery.

The environment also suffers: Costs of water infrastructure are increased by corruption by as much as 40 per cent which equates to an additional US$12 billion a year needed to provide worldwide safe drinking water and sanitation

The UN Convention against Corruption is the bedrock for the fight back against corruption. Only UNCAC has the broad sweep to confront corruption in all its varieties and to ensure that national anti-corruption laws are fully in line with the Convention; that a willingness to cooperate and share information across borders exists; and that there is a strong commitment to confront corruption.

But Mr. Fedotov stressed that it would take everyone's voice raised against corruption to bring true success. "We need a robust and strong coalition of governments, business community, civil society, academia and media to resist corruption, and build a culture of prevention and integrity," he said.

President of Panama, Ricardo Martinelli, in his own opening speech, emphasized the importance of confronting corruption. He said: "The UN Convention against Corruption allows us to work together to confront one of the greatest challenges we face as a global community."

Held in Panama City, the week-long COSP5 is the world's largest biennial anti-corruption event drawing together over 1,500 participants from Member States, civil society, private sector academia and the media to discuss best practices and successes in the fight against corruption under the umbrella of UNCAC.

The convention now has 168 states parties and has gone further than any other UN Convention through its unique Review Mechanism that, after four years, has trained more than 1,400 anti-corruption experts and provided assistance to 35 States to amend their legislation.

President MUSEVENI Accused of Subverting East African Community

The newly-formed Freedom and Unity Front (FUF) of Uganda says President Yoweri Museveni is out to destroy the East African Community, which comprises Kenya, Uganda, Tanzania, Burundi and Rwanda.

In its latest "Situation Analysis Report," the group said Museveni's scheme is manifested in his attempt to isolate Tanzania and Burundi by not inviting their leaders to recent regional summits.

Museveni, chairperson of the International  Conference for the Great Lakes Region, has been mediating peace talks in Kampala between the Congolese government M23 rebels.

David Sejusa, one of the leaders of the FUF, said Museveni has also been a sponsor of the M23 rebels in the Democratic Republic of Congo, as part of his efforts to further destabilize the region.

"He started that rebellion. He gave them arms, he gave them financial support, he gave them equipment, and he gave them uniforms. So, it's not like I'm talking out of the blue. But, then, the chameleon he is, he turns around and then he postures as if he's the one who wants to bring peace," he said.

Museveni, chairperson of the International Conference for the Great Lakes Region, has been mediating peace talks in Kampala between the Congolese government M23 rebels.

The M23 earlier this month announced it was ending its rebellion, but a peace deal that was supposed to have been signed November 10th was delayed after the Congolese government said it wanted the document to be called a 'declaration' and not a 'peace agreement.'

Sejusa said Museveni is not a genuine peace broker since he helped start the Congo war.
"This is always his power game. You create the problem, then twist it in a different way for two reasons: one, manage the international community to remain relevant, but also manage the political process, which may come out of that instability," Sejusa said.

The FUF said in its latest "Situation Analysis Report" that Museveni was trying to undermine the East African Community.

"You must have heard his machinations of breaking the East African Community treaty and to subvert the process by trying to eliminate Tanzania and Burundi. You have heard about the bad mouthing President [Jakaya] Kikwete when Tanzania has been a credible and longtime and trusted ally of the East African Community," he said.

Sejusa says what Museveni's actions are reminiscent of the reign of the late Ugandan dictator Idi Ami, which led to the collapse of the East African Community.

"So, this is a biggest betrayal of Mr. Museveni against the African people because he is betraying the greatest post-independence dream of empowerment and the emancipation of our people, which is centered into a broader political entity to enhance trade, enhance cooperation and development, but also to minimize wars in these areas so that we can concentrate on investment instead of buying arms," Sejusa said.

Tanzanian President Kikwete was not invited to an ECA meeting held last August in Mombasa and attended by Presidents Uhuru Kenyatta (Kenya), Museveni (Uganda) and Paul Kagame (Rwanda). The meeting was called to discuss cross-border infrastructure projects.

ECA officials reportedly said Tanzania and Burundi were not been invited because the projects under discussion, including an oil pipeline and a standard gauge railway, involved only the three countries present.

The FUF describes itself as a "new liberation platform to unite different liberation forces, political organizations and individuals to free Uganda from Yoweri Museveni."