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Citizen Weekly

Thursday 23 April 2015


NAIROBI, Kenya, Apr 23 – President Uhuru Kenyatta has appointed Justice (Rtd) Jonathan Bowen Havelock to chair a four-member tribunal to probe the conduct of suspended Ethics and Anti-Corruption Commission chairperson Mumo Matemu and vice-chairperson Irene Keino.
Members of the tribunal which should investigate the matter expeditiously
are Margaret Shava, Muathe M. Issa and Juster Nkoroi.

Once the tribunal completes its report, the President shall act on the recommendations within 30 days.
The tribunal is to investigate the suitability of the two to head the EACC after Parliament approved a petition that sought their removal over allegations of incompetence and abuse of office.
A Gazette Notice released by the Presidential Strategic Communication Unit (PSCU) says the four-member tribunal is mandated to investigate the alleged conduct of the two members of the EACC ‘determine the removal from office or otherwise of Matemu and Keino and report on the facts and make its recommendations thereon expeditiously.’
“The Tribunal shall have all the powers necessary for the proper execution of its mandate including the powers to determine the time and venue for its meetings and regulate its own procedure,” read the Gazette Notice.
President Kenyatta had earlier on Thursday suspended Matemu and Keino from office.
State House spokesperson Manoah Esipisu said in a statement the two would remain out of office pending investigation by a tribunal to be formed by President Kenyatta.
“They are suspended from undertaking all functions and duties of those offices with immediate effect pending the outcome of the tribunal, which will be set up in accordance with the law,” he said.

The suspension comes after the National Assembly on Thursday approved recommendations by the Justice and Legal Affairs committee to have the two probed.

“This process in no way hinders the work of the organisation which remains constitutionally established and operational,” Esipisu emphasised.
The parliamentary committee noted that the disharmony and mistrust among commissioners and with the secretariat meant the EACC was dysfunctional and there must be a new beginning.
The two are also accused of incompetence and abuse of office.
Nairobi lawyer Oriaro Geoffrey kicked off the process by petitioning the National Assembly with claims that the chairman and the commissioner are in “serious violation of the Constitution, the Ethics and Anti-Corruption Commission Act, the Anti-Corruption and Economic Crimes Act as well as the Penal Code”

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