Most of Kenya School of Law(KSL) students fail terribly and in huge numbers in their admission to the bar exams
One wonders,what is KSL doing in recent history and why is it that the only notable and recognised legal minds in Kenya are people that schooled in early 50s, 60s and 70s?
Top students at KSL never ever get actively involved in most of the legal issues in the now constitutionally messed up nation.
Then cames CS Peter Munya, the former Governor Meru county who decided to open his mouth and brag how he is a qualified lawyer from KSL!
Whatever happened, the only school of reason in Kenya KSL needs to be revamped back to its original set standards.
Tearing into the raging debate of President Uhuru Kenyatta’s refusal to appoint six out of the 41 judges recommended for superior courts, Agriculture Cabinet Secretary Peter Munya has launched a passionate defense for the President.
Stating his arguments CS Munya said the President is elected by the people and cannot therefore just approve every decision made by other institutions without carrying out his own evaluation. This according to the CS, is especially specially on matters of great public interest.
Munya was speaking at a meeting in Mbeere South over the weekend. He said,
“President Kenyatta has not committed any mistake. Names were brought to him; he went through them and he noticed some of them have issues. It is up to the Judicial Service Commission (JSC) to carry out further scrutiny on those who were omitted.”
Munya insists the President acted within his constitutional mandate amid the widespread condemnation of the move by the Head of State, specifically by Former Chief Justices Dr. Willy Mutunga and David Maraga.
According to Munya, he asserts that the drafters of the Constitution knew why they inserted a clause indicating that such appointments must be approved by the President. Otherwise, Munya observes, such names would be gazetted immediately after nomination if the Head of State had no role.
“I hear people say the President has no power and that once given a list (of nominees), he just needs to gazette them. Which constitution says that, and what kind of constitution says that?” He posed.
“If indeed that is how the 2010 Constitution was drafted, then we made a huge mistake. How can you say that a President elected by the people doesn’t have any power? If people, let’s say cartels, collude and bring him a list, you want to say he just needs to sign and gazette the list? Is he just a rubber stamp?” He charged.
He further that a commission or a body constituted by persons appointed to serve cannot be more powerful than an elected Head of State and that even advanced democracies do not operate in such a manner.
He wonders why a section of political leaders and lawyers are castigating the President yet all he did was to refer the matter back to the JSC for further review.
“I studied law and I am an accomplished lawyer and that is not my understanding of the Constitution. The President must go behind every name presented to him to confirm suitability to serve in public office,” He reiterated.
Terming them ‘the real dictators’, he hit back at persons criticizing President Kenyatta’s move He says autocrats are persons who have been trying to intimidate the President from running the affairs of the country as he deems appropriate. A tough-talking Munya further lamented.
“The real danger our democracy faces is where people who have no mandate from the people are usurping power. They capture the Judicial arm of government and then intimidate the other arms of government so that they are not able to do their work.”