Should articles 22 (2) (c) 258 (2) (c) and of the Constitution be read together with article 156 (6) of the Constitution or is article 156 (6) of the Constitution devoid of any meaning?
Public interest litigation seems to be getting abused in Kenya. What exactly are the parameters for deciding whether a person is acting in the public interest. Article 156 (6) of the Constitution seems to suggest who acts in the public interest. Legislation like the LSK Act would also suggest who acts in the public interest. These parameters are clear.
I have always maintained and continue to maintain that the court orders against the Governors asking them not to step into their offices while they were being prosecuted, were egregiously wrong. Only a process involving county assemblies and the senate can remove or suspend a Governor. Similarly, only a process involving the JSC and a Tribunal appointed by the President can remove or suspend a judge. The High Court over-stepped its boundaries once again and a few years from now the confusion created by this unfortunate decision, if not set aside early, will become apparent. Look at the confusion in the Nairobi Governor situation to realize that had the courts not issued their numerous unwarranted stays in the name of a bunch of busy-bodies pretending to act in the “public interest”, the confusion in Nairobi would not exist.
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