BY NAMULONGO PETER,NAIROBI,4TH OCT 2017-The Law Society of Kenya has opposed the move by the Ethics and Anti-Corruption Commission to instigate investigation against Registrar of Supreme Court Esther Nyaiyaki saying the move amounts to an attack on the independence of the Judiciary.
LSK President Isaac Okero in a letter send to the EACC said that the commission has no authority to intervene and “purport” to conduct an investigation against an officer of the Judiciary.
Mr Okero says such an investigation against an officer of the Judiciary should only be conducted by the organs of the Judiciary among them, the Judicial Service Commission.
“The Judiciary in the performance of its functions under the Constitution exercises delegated sovereign authority of the people of Kenya. It would be an affront to and violation of this sovereign authority for the EACC to proceed with the proposed enquiry and investigation,” Mr Okero said in the October 3 letter to EACC.
The investigations against Ms Nyaiyaki follows accusations by Rashid Mohamed who accused her of misleading the Supreme Court Judges in nullifying presidential results of the August 8 election.