Constitutional lawyer Ahmednasir Abdullahi has raised questions regarding the legal advice Attorney General Paul Kihara has been giving President Uhuru Kenyatta.
AG Kihara Should Resign- Ahmednasir says after Courts nullified 4 of Uhuru’s orders
Courts nullified 4 major decisions Uhuru made
Senior Counsel Ahmednasir claimed that the quashing of a number of President Kenyatta’s actions by the courts points to a problem in the State Department of Law.
He proceeded to call for the resignation of the AG, attributing the Head of State’s blunders to him.
“I call upon Hon Justice (Rtd) Kihara, the Attorney General of the Republic of Kenya to honourably resign.
“Either you are incompetent or Uhuru has no time for your legal opinion. The High Court has nullified every major decision Jubilee/Uhuru made in the past 4 years,” the SC posted on Twitter.
He also praised the Law Society of Kenya (LSK) President Nelson Havi considering the number of cases the society Kenya had won in court against the head of state.
“Can the President of LSK Nelson Havi deny or confirm that he is the leader of the official opposition to my beloved Jubilee?” Grand Mullah added.
A five-judge bench ruled that President Kenyatta violated the constitution, particularly Chapter 6, when he initiated the BBI process following his handshake with former Prime minister Raila Odinga.
“The constitutional amendment Bill is an initiative of the president and the law is clear that the president does not have the constitutional mandate to initiate any constitutional changes through popular initiative,” the judges Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita said in a unanimous ruling.
Illegal CAS position
In April, High Court Judge Antony Mrima ruled that the creation of the office of Chief Administrative Secretary (CAS) was unconstitutional.
He argued that there was no public participation in the decision to introduce CASs as assistants to Cabinet Secretaries.
Justice Mrima also ruled that CS who continued to serve without being vetted in 2017 are in office illegally.
Executive Order No 1 of 2020 quashed
The High Court in Nairobi has declared President Uhuru Kenyatta’s Executive Order Number One of 2020 unconstitutional.
Justice James Makau ruled the Order, which placed sections of the Judiciary, Tribunals, Commissions and independent offices under the Executive, risked jeopardizing the independence of the Judiciary.
Illegal parastatal jobs
The High Court also threw out the government’s appointment of 129 heads of State corporations and board members.
In a verdict delivered by a three-judge bench, the court said the appointments made by President Kenyatta and Cabinet secretaries in 2018 were invalid and unconstitutional.
Justices Jessie Lessit, Chacha Mwita and Lucy Njuguna said the appointments were illegal as they lacked transparency and competitiveness.
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