BY SAM ALFAN.
The President has no powers to appoint members to serve in tribunals as the mandate is a preserve of the Judicial Service Commission, the High Court has ruled.
High Court judge Anthony Mrima held that Tribunals are subordinate courts falling under the JSC and a such, appointments should be made by the Commission.
The Judge directed Parliament and the Attorney General to file an affidavit in six months on progress made in correcting the situation.
The case was filed by activist Okiya Omtatah challenging the appointment of Tribunal members by the Executive.
According to Omtatah, there are various Acts of Parliament establishing more than 60 ‘local tribunals’ in Kenya, independent of each other.
He says the varying provisions of these Acts, especially those which allow the tribunals to be controlled by the Executive, and not by the Judiciary, through the appointment of their members by the JSC have hindered delivery of justice by the tribunals.
“The absence of impartiality in violation of Articles 48 and 50(1) of the Constitution is best marked where private litigants against the Executive appear before the tribunals which are constituted by the Executive,” he claimed in court documents.
According to Omtatah, it is undisputed that under the Constitution of Kenya, ‘local tribunals’ are established as subordinate courts and an integral part of the Judiciary.
