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Githu warns against amending new law

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Rutashubanyuma, Aug 26, 2011.

  1. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

    #1
    Aug 26, 2011
    Joined: Sep 24, 2010
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    [h=1]Githu warns against amending new law[/h]
    Updated 10 hr(s) 27 min(s) ago
    By Peter Opiyo
    Attorney General-elect, Prof Githu Muigai, says he would advise against the amendment of the Constitution to address the gender requirement.
    Muigai said it would be inappropriate to start amending the new Charter, pointing out that the document must be given some sanctity.
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    [TD]Prof Githu Muigai when he appeared before the Constitutional Implementation Oversight Committee at Parliament Buildings yesterday. [PHOTO: MOSES OMUSULA/standard]
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    "I would like us to protect the Constitution. I would be hesitant and would counsel against starting amending the Constitution now. We need to give this Constitution sanctity," Muigai told the Constitutional Implementation Oversight Committee, when he appeared for vetting.
    He also promised to expedite pending mega corruption cases and assure full co-operation with the International Criminal Court (ICC) over Kenya’s post-election violence cases.
    Questions
    "The official position of Kenya Government is to co-operate with ICC, I would not wish to change that position, it would be against the law," he said in response to questions by Assistant ministers, Elizabeth Ongoro and Kilemi Mwiria’.
    "We must bring closure to these cases (Anglo leasing), and we can only do so if justice is done. The AG’s office has played a reactive role in the pursuit of these cases," he said.
    His position on the proposed constitutional amendment contradicts last week’s decision by the Cabinet to amend the Constitution to address the gender requirement.
    Before he appeared before the Committee, Muigai was endorsed by the Law Society of Kenya as a principled advocate, respectful person who had earned respect among his professional colleagues.
    "All these attributes would undoubtedly serve him well were he to be appointed AG of this country. LSK is pleased to recommend to you and to our country a Professor Emeritus with a record of teaching, research and service to serve as AG," LSK CEO, Apollo Mboya told the Committee.
    On the issue of gender, Muigai said there are other legislative options to undertake without necessarily amending the Supreme law.
    Requirement
    "I believe there are enough legislative measures that we can undertake in order to comply with this Constitutional requirement. I haven’t thought of these laws, but I am convinced it can be done without amending the Constitution," he told the Committee.
    His position paints him as a man who would not play to the whims of politicians as he aptly pointed out when asked by Gichugu MP, Martha Karua how he intended to work given his office is a political one.
    "I would like to see my tenure as a short but active one...I have no reason, therefore, to use my short stint to soil my reputation. I would like to do honest professional job," he said.
    He called for invigoration of the AG’s office by giving it necessary technical capacity and recruiting more staff. Muigai said he had nothing against AG Amos Wako, who opposed his initial controversial nomination.
    "I have nothing against Wako, I think he has tried to respond to various problems to the best of his ability. There are things he has done that I would do differently," he said.
    He was responding to Ongoro’s question on how he rated Wako’s performance.
    He said he had no problem with Wako’s rejection of his initial controversial nomination.
    Wako advised against his nomination, in January, arguing it was unconstitutional as the President didn’t consult the Prime Minister.
    "I didn’t take it personally, it was his reading of the law. If I were to work with him during the transitional period we would work very well and I would expect no problem."
     
  2. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

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    Aug 26, 2011
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    hongereni wakenya kwa kuleta uwazi kwenye shughuli za umma.......................sisi huku bado ni saa ya mkoloni inaendelea miaka 50 baada ya uhuru wa nitupie changa la machoni.....
     
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