Attorney General Nominee Vows To Address Legal Challenges Gov’t Bills Face In Courts
Attorney General nominee Dorcas Oduor has promised to address the issue of bills or legislation relating to the government that have been declared unconstitutional by the courts, stating that the matter is of great concern.
Appearing before the Appointments Committee, Oduor stated that if approved, she would investigate why these bills were halted and advise on how to proceed to ensure such documents meet constitutional requirements.
This comes after MPs questioned why bills and policies are declared unconstitutional despite the AG’s involvement.
In the last year, the courts have overturned the Finance Act 2023, the Social Health Insurance Fund (SHIF), and the Housing Levy, among other things.
When I joined the Office of the Attorney General in 1992, for the first 8 years, I was a court room lawyer, I prosecuted all manner of cases in all courts to the highest court. The epitome of that was in 2000 when I was nominated to go and assist Kenya in prosecuting the 1998… https://t.co/BbVOTHsITd pic.twitter.com/UfHVBt3mAu
— Mzalendo (@MzalendoWatch) August 9, 2024
“It is the work of the courts to do that as it is their role. We should ask ourselves about the notoriety. I believe most legislations we have come up with lately have been to comply with or operationalize the 2010 Constitution.”
“Most of the contents of these bills contain new jurisprudence not only for the executive but also for the Judiciary. I take it as a testing time. It is a good thing for us to test; it will be volatile, but after some time, then the law will be settled,” she said.
“It is a concern if bills are being declared unconstitutional when the AG has contributed. If approved, I will find out why they have been found unconstitutional, and I will also advise that whenever we come up with a bill, it meets the constitutional requirements.”
On the issue of public participation, which has been used by courts to declare many laws unconstitutional, the nominee promised to work on a framework that includes guidelines and regulations for involving the public’s opinions.
It is my vision that if I'm confirmed, I will strive to ensure that the office of the AG is that office that is described under the Constitution. That it is the people's lawyer. ~ Dorcas Oduor. #CSVetting. #EyeOnParliamentKE. pic.twitter.com/KItD761Jwn
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“Public participation should be meaningful and impactful. As to what it should be is also a gray area,” she pointed out.
“I think it’s one area where we have not come up with parameters on what public participation is. I think there’s a need for a policy to give guidelines and regulations on what public participation is.
“It might require a policy and then regulation because Kenyans must be given an opportunity to say what they want to see in terms of public participation. It’s an area that needs urgent attention.”
During the session, Kathiani MP Robert Mbui asked why agencies like the Office of the Director of Public Prosecutions (ODPP) continue to withdraw high-profile graft cases. Furthermore, he questioned whether the ODPP is used for political witch-hunting.
Oduor, who previously served as the ODPP’s Secretary of Public Prosecutions, believes that public officials who violate the law are criminals who should face prosecution.
The nominee was also pressed to explain why the Ethics and Anti-Corruption Commission (EACC) cannot reject a nominee before vetting but can only offer an opinion that will be considered by the vetting committee.
In response, Oduor stated that the issue should be reexamined to determine its effectiveness.
“This issue of vetting is also murky because even at the office of ODPP, we get requests to clear people from different agencies and have been wondering in what capacity we will do that,” she said.
“So I don’t want to comment on why EACC is giving an opinion but would want to say the whole procedure of vetting needs to be reexamined so that what we do is impactful and informs decision-making.”
Attorney General Nominee Vows To Address Legal Challenges Gov’t Bills Face In Courts
