The National Assembly has denied a petition to dismiss Attorney General Kihara Kariuki, citing lack of power to deal with the matter.
Spokesman Justin Muturi told MPs on Tuesday that there was a loophole regarding the law Removal of the Attorney General.
“To the extent that there is a loophole in the law on the removal of the Attorney General, the matter is not the responsibility of the National Assembly,” Muturi said.
The move could be a blow to the Chairman of the MUHURI Board of Directors Khelef Khalifa, who had requested the House of Representatives to initiate the process of removing Kihara.
He wanted the AG to be removed on account of his alleged conduct in connection with the repetition of the Presidential elections 2017.
His reasoning was that the AG had disregarded the law when setting up a three-judge bench for the appellate court, the one High overturned the court ruling and allowed the 2017 presidential election to be repeated.
Spokesman Muturi told MPs that attempts to remove the attorney general failed in the case of former AG Githu Muigai.
But Khelef said he didn’t expect the spokesman to reject the motion, who said the AG acted irresponsibly by using the bank to try a case that night.
“That was against the law. It is only the Chief Justice who has authority to allow any bank to sit past 6pm, “he said.
” I am shocked that the Constitution gives the public the authority to petition Parliament and the The first reaction is that they have no power to impeach. This is wrong because Parliament has the power to change laws – even change the Constitution, to bring charges against any minister, including the President, “said Khelef.
The rights lobbyist argued that development shows that the country is slipping. Things were before the new constitution.
“This is dangerous for the country as people may no longer go to court. I will ask my lawyers if we can take this Parliament to justice, ”he said.
LSK’s attempt failed after the Judiciary and Legal Committee (JLAC) concluded that the Office of the AG not as a. listed is Constituent Commission or an independent office.
The committee found that the removal procedure under Article 251 of the Constitution cannot be used to remove the AG.
“During the Attorney General is a member of the Cabinet under Article 152 (2) of the Constitution, he is not a Cabinet Secretary and therefore the procedure to remove a Cabinet Secretary cannot be used in this case, ”the committee concluded.
JLAC also presented states that the General Prosecutor’s Office provided the reasons for the dismissal, but did not determine the procedure for the dismissal.
It came to the conclusion that the AG only granted the President in accordance with the powers provided by the constitution. < / p>
“The committee recommended that the law be amended to provide specific evidence about the procedure to remove the Attorney General,” Muturi said Immungen failed at the end of the 11th.
Muturi said National Assembly Secretary Michael Sialai had written to the petitioner that Parliament could not process the petition.
“The letter said highlighted the lack of specific provisions in the Constitution, ordinary laws and the Rules of Procedure of the National Assembly on the manner in which the procedure for the removal from office of the Prosecutor General can be initiated and how a binding recommendation for such removal from any person or entity can be made “He said.
Khalifa, Muturi reported, disagreed that Parliament can argue that it was unable to respond to the petition because of the loophole in the law.
The speaker said only a Member of Parliament or a committee could bring a law for consideration and debate.
“The Ministry’s Justice and Legal Committee could e Consider reviewing the law to provide for the dismissal of the Attorney General, “he said.