Saturday, September 12, 2009

Marende's ruling

Kenneth Marende's ruling allowing parliament to question the legality of Kenya Anti Corruption Commission director Ringera's re-appointment and his two deputies has Friday sparked debate.

On one hand lawyers argue though parliament has the legal mandate to check the executive, it lacks the legal teeth to revoke the gazette notice and force Ringera out of office.

Politicians on their part are reading from a different script.

According to lawyers, Marende's ruling doesn't carry much clout in forcing the executive to reverse the decision, citing the doctrine of separation of powers.

This means now that parliament cannot overturn the decision by the executive to reappoint the Kenya Anti Corruption Commission director and his two assistants.

However, parliament has three options that could lead to the removal of the officers from office.

According to lawyers Haroun Ndubi and Dr. Kiama Wangai parliament has a duty to check the activities of the executive but whatever recommendations they come up with in the Ringera issue would remain as a political statement.

On Tuesday, parliament will debate a joint report by house committees on administration of justice and delegated legislation on the legality of the reappointment.

On Thursday, house speaker Kenneth Marende gave parliament the go ahead to debate the reappointment of Justice Ringera and his assistants Smokin Wanjala and Fatuma Sichale.

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