Calls for the ouster of Attorney General Paul Kihara are gaining momentum after the retired judge was accused of playing part in the rejection of six judges by former President Uhuru Kenyatta.
In a statement on Wednesday, September 14, Makueni governor Mutula Kilonzo Jr opined that Kihara- who is the government’s chief legal advisor, failed the former head of state.
The first-term governor and a seasoned lawyer added that the actions of the AG to oppose court orders calling for the swearing-in of the six judges needed to be punished.
“AG Kihara should be worried. He challenged the appointment of Judges despite clear court orders and his position as a member of the Judicial Service Commission (JSC). His actions on this matter should not be left unattended,” he stated.
The affected judges were Korir Weldon Kipyegon, Muchelule Aggrey Otsyula, Odunga George and Joel Ngugi who were appointed to the Court of Appeal by President William Ruto on September 13, hours after his inauguration.
Makori Evans Kiago and Omange Elizabeth were also appointed to the Environment and Lands court.
On the other part, lawyer Nelson Havi recounted how efforts of the Law Society of Kenya ( LSK) to have the AG held to account for his actions did not bear any fruit during his tenure at the body.
Havi stated that the judiciary also needed to share a portion of the blame over contradicting court orders.
‘A High Court Judge stopped LSK from disciplining the AG and SG for misadvising the President on the matter. Three Court of Appeal Judges stayed the High Court order directing swearing-in of the 6,” the former LSK President stated.
The calls to have Kihara disciplined emerged hours after Ruto appointed the six judges as per the recommendation of the JSC.
Notably, this was among the first Executive Orders of the Head of State minutes after he was sworn in as the fifth president.
Ruto explained that the actions were an expression of his administration’s respect for the rule of law and efforts to enhance the independence of the arm of government.
Delays in the appointment of judges saw Uhuru castigated for disrespecting court orders and interfering with the independence of the judiciary.
At the time, Uhuru defended his decision stating that there were financial and integrity concerns regarding the list of judges that had been submitted to him.
Kihara was appointed in 2018 by Uhuru following the departure of Githu Muigai.
As per the Office of the Attorney General Act of 2012, an AG can be removed from office by the President for serious violation of the Constitution, gross misconduct, physical or mental incapacity or bankruptcy.
Source: kENYANS.CO.KE