'Impunity is thriving under Jubilee', Martha Karua says

Narc-Kenya Leader Martha Karua with CORD Principal Moses Wetang’ula during the launch of the collection of five million signatures at Ufungamano House, Nairobi. Karua accused Jubilee Government of making decisions against the Constitution. [PHOTO: FILE/STANDARD]

KWALE COUNTY: Narc Kenya party leader Martha Karua has said county development boards chaired by senators are unconstitutional and accused the Jubilee administration and Constitution Implementation Commission (CIC) of perpetuating impunity and disrespecting the law.

Ms Karua told a lawyers forum that the public is losing interest in many institutions like the courts and Independent Electoral and Boundaries Commission with CIC doing little to implement the Constitution.

"CIC has done little and stepped down instead of moving up. We have to differ on issues and not power play," she said.

She also accused Jubilee of trying to monopolise political discourse in Kenya and refusing to promote dialogue with wananchi, adding that Jubilee is promoting "the mantra of accept and move on" to force its will on the public.

The former Justice minister said it is unconstitutional to create boards chaired by senators with governors as secretaries because such a move subverts the executive stature of governors in the counties.

She said the move to create these boards suggests that a similar authority can be created above the president, to purportedly coordinate development.

Equating management of a county to that of a homestead, Karua said governors were elected to be the executive heads of the devolved units and cannot be subordinated to senators.

"How can you go and chair a governor in his house? If senators wanted to lead the counties they would have run for the governor's seat," she said.

She said the senators passed the law creating these boards out of malice, adding that the legislation has set a dangerous precedent as far as separation of powers is concerned.

"May be the senators miss the Constituency Development Fund CDF (enjoyed by members of Parliament) and have realised there is a governors' kitty which they want to control. The legal validity of this (arrangement) is in question," she said.

Karua made the remarks at the closure of this year's annual Law Society of Kenya conference in Kwale County.

The conference's theme was: Constitutional Tension Between The Three Arms Of Government, Justice and Security. She said impunity is thriving, adding that many decisions are made against the Constitution.