Waiguru's Husband: Judiciary Doesn't Have Independent Powers

  • Kirinyaga Governor Anne Waiguru (right) with husband and lawyer Kamotho Waiganjo (left) in Senate in June 2020
    Kirinyaga Governor Anne Waiguru (right) with husband and lawyer Kamotho Waiganjo (left) in Senate in June 2020
    File
  • Lawyer Kamotho Waiganjo, Governor Anne Waiguru's husband, has spoken on the powers of the three arms of government, Judiciary, Executive and Legislator, in a discussion centred on the 2010 Promulgated Constitution.

    Kenya is celebrating 10 years under the new Constitution and various politicians and lawyers have spoken on changes that can be effected and how the rule of law has been observed in the decade.  

    On Tuesday, August 26, Waiganjo weighed in on the powers of the Judiciary, stating that it was one of the strongest institutions in Kenya which has tried to check some of the excesses in terms of the breach of law.

    He however noted that the Judiciary's efforts have been undercut time after time. This contentious issue has seen Chief Justice David Maraga and President Uhuru Kenyatta square off after the CJ accused the Executive of attempting to control the Judiciary through an Executive Order issued by the Head of State

    Chief Justice David Maraga (Left) and President Uhuru Kenyatta
    Chief Justice David Maraga (Left) and President Uhuru Kenyatta

    "Do not forget that the Judiciary doesn't have an independent power of enforcement, meaning that even if it has strong views and has given orders, it is possible for the orders to be ignored. This is one of the hits and misses of the Constitution," Waiganjo stated in an interview on Citizen TV. 

    He went on to argue that despite the constitution reducing the President’s powers and creating substantial checks and balances, some of the independent institutions that were supposed to be the protectors of the people have not exercised their powers in the expected manner. 

    He cited the Parliament noting that the Legislature operates under the desires of the President. Waiganjo added that this scenario may have been occasioned by the political system in Kenya.

    The attorney stated that this has led to the significant loss of authority of some independent offices.

    Meanwhile, Waiganjo's wife and Kirinyaga Governor Anne Waiguru is facing graft charges and may be arraigned in court after her homes and offices were raided by the Ethics and Anti Corruption Commission.

    EACC official Charles Rasugu revealed that the raids were successful, as they had managed to obtain crucial evidence relating to corruption allegations levelled against the governor.

    “Yes, we managed to get crucial evidence as per the court order issued by Nyeri Chief Magistrate’s Court. We are currently analysing it before taking the next step.

    “When the investigations are complete, we will forward the file to the Director of Public Prosecutions Noordin Haji for directions. We will only recommend and await his final directions. We need to come up with a watertight case devoid of any loose ends," Rasugu stated on Tuesday, August 25. 

    Kirinyaga Governor Anne Waiguru appears before the Senate in June 2020
    Kirinyaga Governor Anne Waiguru appears before the Senate in June 2020
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