Only six more months for AG in office, if law is adopted

By David Ochami

The Attorney General and Auditor General could be replaced within six months after the proclamation of a new constitution.

And the Chief Justice would be asked to retire or resign from the Judiciary in two months if the new charter is proclaimed.

The proposed Interim Judicial Service Commission (IJSC), to be formed by the President and Prime Minister within a month of the new constitution coming into force, would decide the CJÕs fate.

Consisting of two senior non-citizen lawyers from the Commonwealth, two retired High Court judges and a leading advocate nominated by the Law Society of Kenya, IJSC would ask the CJ and serving judges to retire or return to the Judiciary after vetting.

IJSC would act for a year, pending the constitution of a reconstituted Judicial Service Commission.

Although constitutional and other office holders would remain in position for the remainder of their contract terms if the constitution is implemented, there would be special exemption for the AG and Auditor General.

But even the exempted holders of constitutional offices would have to be vetted and cleared afresh by the proposed Ethics and Anti-Corruption Commission within 30 days of the coming of the new dispensation.

Although the AG and Auditor General would be dismissed shortly after the new law is created, the new holders of office would also host the functions of Director of Public Prosecution and Controller of Budget office in that order, pending fresh appointments in the latter places.

The President, with the authority of Parliament, would appoint a new AG.

He/she would hold office for six years and shall not be eligible for reappointment.

Power to terminate civil and criminal proceedings by the proposed AG has been curtailed and would no longer be absolute.