Plea against misuse of investigative arms in new era

Tuesday, September 13th, 2022 00:53 | By
Kinoti commends KRA detectives for sealing tax leakages
Former Director of Criminal Investigations George Kinoti. PHOTO/Courtesy.

The Law Society of Kenya (LSK) yesterday asked the incoming administration under President-Elect William Ruto not to misuse a arms of the State for ulterior purposes under the guise of the fight against corruption and illicit financial dealings.

LSK president Eric Theuri (right) yesterday said that in its assessment, the outgoing government regime weaponised the war against  graft was weaponised. He also said the fight was, to some extent, intended to achieve ulterior objectives as opposed to executing an impartial process. “The fight against corruption was seemingly intended only to punish those with different views,” said Theuri during a press conference held at LSK offices in Nairobi.

He urged Ruto’s administration to avoid misusing investigative agencies and engaging them in partisan wars.

Theuri said that LSK was looking forward to a competent, thorough and just system.

He regretted that in many previous instances, proper investigations have not been undertaken because of alleged proximity to power.

The LSK urged the incoming government to appoint and swear in judges of the Court of Appeal and High Court who were recommended by the Judicial Service Commission (JSC).

Theuri added: “We urge the incoming Government to allocate more resources through a supplementary budget to the Judiciary to recruit more judges and fill the gaps of more than 100 staff required to function optimally.”

LSK asked Ruto’s government to conduct thorough investigations into disappearances and killings of Kenyans, including the Independent and Electoral Boundaries Commission  officials during polls period and wants the new government to back independent institutions.

constitutional commissions in the discharge of their mandate and pledge to enforce a policy of non-interference.

“Take immediate steps to end extrajudicial killings and convene a commission of inquiry comprising independent and credible civil society and human rights organizations to make recommendations to curb this vice,” said Theuri.

He regretted that investigations into circumstances of slain IEBC returning officer, Daniel Musyoka are slow and so far there are still no suspects, which is of great concern.

“LSK appointed a lawyer on investigations into Musyoka’s case and followed up the post mortem report and we understand that there are certain samples taken for further investigations and we are still following,” he said.

LSK also wants the new Government to support and strengthen independent constitutional commissions in the discharge of their mandate and pledge to enforce a policy of non-interference.

Theuri urged Ruto to commit to make appointments, which are merit based and reflect the face of Kenya in upholding constitutional principle of ethics, integrity and good governance.

“We urge the incoming Government to make  a commitment to obey and comply with court orders and order immediate compliance with existing court orders and settlement of court decrees,” he said.

LSK affirmed its commitment to Ruto and the incoming administration to uphold its statutory mandate of advising the government on matters affecting the rule of law and administration of justice and protecting public interest.

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