This archive report was first published on 17 June 2020.
On June 17, 2020, Constitutional lawyer Nzamba Kitonga proposed restructuring the Judicial Service Commission (JSC) to enhance its independence. He suggested limiting membership to advocates and representatives of the public, excluding the Attorney General and judges.
Kitonga, who chaired the Committee of Experts that authored the Constitution in 2010, made the proposal during an online forum hosted by ICJ Kenya titled Judicial Independence and Accountability: Evaluating tension between Judiciary and Executive.
He argued that the current arrangement, which includes the Attorney General and judges, has led to the current wrangles between the Executive and the Judiciary. “The AG sits on the JSC and is part of the decision-making process. But after making decisions, he goes and maybe mis-advises the president,” said Kitonga.
Kitonga further stated that the Attorney General was partly to blame for the current wrangles and should therefore not be a member of the JSC. He added: “When we are considering the amendment of the Constitution in regards to the Judiciary, we must be firm that the AG must be removed from the JSC.”
Other participants in the online forum included Narc Kenya leader Martha Karua and Law Society of Kenya President Nelson Havi. Karua opposed the proposal, arguing that division between the three arms of government was not a matter of fact. Havi, however, supported the proposal and stated that they would press on with their campaign to have the AG and Solicitor General expelled.
