Lawyers to Rally MPs to Impeach Uhuru Over 'Disobeying Court Orders'

  • President Uhuru Kenyatta addresses a virtual summit of THE Organization of the African, Caribbean and Pacific States OACPS on Wednesday, June 3, 2020
    President Uhuru Kenyatta addresses a virtual summit of THE Organization of the African, Caribbean and Pacific States OACPS on Wednesday, June 3, 2020
    PSCU
  • The Law Society of Kenya has detailed plans to rally Members of Parliament to initiate a motion of impeachment against President Uhuru Kenyatta for his persistent blatant disregard and disobedience to court orders.

    While addressing the media on Monday, June 8, LSK President Nelson Havi announced that save for two members, the council had unanimously resolved to petition the National Assembly and the Senate to oust Mr. Kenyatta.

    "It has become the order of the day for the government to disobey court orders in a manner to suggest the Constitution is an inconvenience to them," Havi said.

    Havi argued that Kenyatta had declined to swear in 41 judges recommended by the Judicial Service Commission, six months after being directed by the High Court to do so within 14 days.

    Law Society of Kenya (LSK) President Nelson Havi addresses the media on Monday, June 8, 2020
    Law Society of Kenya (LSK) President Nelson Havi addresses the media on Monday, June 8, 2020
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    Havi said Uhuru is bound by the law to uphold the Constitution, a responsibility he must fully adhere to. 

    "We cannot have somebody who has taken the oath to govern in tandem with the constitution, who fails to perform his duties under the constitution.

    "We will proceed in the manner we have indicated. We will proceed with the removal of the Solicitor General (Kennedy Ogeto) and Attorney General (Paul Kihaka) from the list of advocates and thereafter petition the two houses to impeach the President," Havi stated.

    He said a charge sheet will be forwarded to them and they must respond in seven days, giving reasons why they should not be removed from the list. 

    Chief Justice David Maraga, during a press briefing on the same day, also slammed Kenyatta for disobeying the law.

    Maraga claimed that the President had defied court orders in the cases of Kariobangi demolitions and his refusal to appoint the 41 judges had affected operations in courts.

    Both Maraga and Havi had also termed Kenyatta's restructuring of the government unconstitutional. The Head of State on Wednesday, June 3, issued an Executive Order No. 1 of 2020 which Maraga and Havi argued that it affected the sovereignty of the Judiciary and other independent offices such as the Office of the Director of Public Prosecutions (ODPP). 

    However, LSK's decision won't be a walk in the park, as Kenyatta seemingly has influence in both houses. With the opposition, led by Orange Democratic Movement leader Raila Odinga supporting Kenyatta, the President has been able to make a number of changes in the Parliament without any struggle.  

    To move the motion to impeach Kenyatta, the mover must have the support of at least 116 MPs (or one-third of the total number of 349). To impeach him, 233 votes in Parliament will be needed. 

    A photo of Chief Justice David Maraga during a press conference at the Supreme Court on November 4, 2019.
    Chief Justice David Maraga during a press conference at the Supreme Court on November 4, 2019.
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    Video: Courtesy