This archive report was first published on 21 July 2020.
Published on July 21, 2020, a proposal by the National Assembly Justice and Legal Affairs Committee suggests hiring a Chief Justice and independent office holders at least six months before the exit of current occupants.
Committee Vice-Chairman Otiende Amollo argued that this would help avoid cases of top offices being without substantive holders for long periods.
He cited the case of the Auditor-General, where the appointment of Nancy Gathungu came a year after the exit of her predecessor, Edward Ouko, and faulted what he said was a misinterpretation of the law on succession in independent offices.
“There are people who misinterpreted the law to mean that you cannot initiate appointment until the holder of the office leaves. There is nothing unconstitutional about planning and setting up plans for one’s exit as long as you are not pushing the current holder out,” Dr Amollo told the Nation.
The Independent Offices (Appointment) Act, 2011, guides the appointment and exit from office of independent and constitutional office holders. It states that within seven days of a vacancy in such an office, the President shall advertise in at least two newspapers, declaring vacancies.
However, Dr Amollo stated that this provision has been misinterpreted, and that the Constitution does not bar recruiting one’s successor before they leave office.
He proposed that in the case of Chief Justice David Maraga, who will attain the retirement age of 70 years in January 12, 2021, recruitment of his successor should have started.
Mr Maraga has said he will take his terminal leave in November.
