A constitutional lawyer has dismissed a proposal by the Parliamentary Select Committee on Justice and Legal Affairs bid to resolve the ongoing stalemate regarding the IEBC.
The Samuel Chepkong’a led committee has proposed a bill due to be tabled in Parliament that if passed, will see each of the leading coalitions nominate two people to a vetting panel that will recruit afresh new commissioners.
But now, lawyer Steve Mogaka has termed the proposed Bill as ‘unconstitutional’ saying it’s likely to cause anarchy in the country.
“I am shocked that the very Parliament which is endowed to protect the Constitution wants to pass unconstitutional Bills. The proposed Bill on IEBC should be rejected out-rightly for the sake of protecting independent commissions,” he said.
“Kenya is likely to be in a state of anarchy if we pass arbitrary bills that violate the spirit and letter of the Constitution. Independent commissions cannot be vetted by people from political parties,” he added.
He challenged the political class to hold a ‘Kamukunji’ and agree on a common stand before tabling a motion on ousting the commissioners.
“We still have Kamukunjis in the august House and I think it’s not too late. They can still meet as the political class and agree on a common stand before tabling a motion to remove the commissioners if at all they are serious but not introducing unconstitutional bills,” he added.