PETITION TO OFFICE OF THE ATTORNEY GENERAL AND DEPARTMENT OF JUSTICE TO ACT IN PUBLIC INTEREST AND PROMOTE, PROTECT, AND UPHOLD THE RULE OF LAW WITH RESPECT TO COMMENCEMENT OF THE PUBLIC BENEFIT ORGANIZATIONS ACT, 2013 AND ADVISE THE GOVERNMENT APPROPRIATELY ON HOW TO LAWFULLY TRANSITION THE OUTDATED NON-GOVERNMENTAL ORGANIZATIONS COORDINATION ACT TO PUBLIC BENEFIT ORGANIZATIONS ACT
The Civil Society Reference Group (CSRG) petitioned the A.G’s office pursuant to Article 37 of the Bill of Rights as guaranteed in the Constitution as a holder of a State Office.
The petition stems from the glaring failure of this office to appropriately advise the National Government, in particular the Ministry of Devolution and Planning and that of Interior and Coordination of National Government to respect the law as directed by the High Court (Justices Joshua Odunga on October 31, 2016 and John Mativo on May 12, 2017 respectively) that they commence the Public Benefit Organizations Act, 2013 within 14 days and 30 days respectively.
on September 9, 2016, the Cabinet Secretary for Devolution and Planning Mwangi Kiunjuri wrote to the A.G s office after a series of consultative meetings with stakeholders and civil society representatives instructing that said office gazettes a commencement date for the Public Benefit Organizations Act, a law that was assented to by retired President Mwai Kibaki on January 14, 2013 just before his term came to an end.
But rather than act with speed as had been directed by the CS who was required under the law to choose the appointed date for the coming in to force of the law, AG s office connived with the NGO Coordination Bureau specifically with the Chief Executive Officer Fazul Mahamed alias Mahamed Yusuf to sponsor and file a case challenging the gazettement of the PBO Act.
Later, on October 31, 2016 after Justice Joseph Onguto sitting in the High Court in Nairobi delivered a judgement on Petition No. 351 of 2015, in which Trusted Society for Human Rights Alliance had sued the Ministry of Devolution and National Planning directing that the law be commenced within 14 days, the A.G’s office watched as the Ministry and the Chief of Staff and Head of the Public Service Joseph Kinyua engaged in underhand manouevres to undermine justice by transferring the NGO Coordination docket from the Ministry of Devolution and Planning to that of Interior and Coordination of National Government.
Convinced that the aim of the transfer of the docket was designed to defeat the course of justice, and to protect the Chief Executive Officer of the NGO Board Fazul Mahamed, the plaintiffs moved to the High Court again, this time around citing the CS for Devolution and Planning and, AG s office for contempt of court.
Ruling on May 12, 2017 on Petition No. 351 of 2015 and the subsequent contempt of court case that arose after the government failed to obey the court’s directive to commence the Act, Justice Mativo directed, ruled that the minister for Interior should now follow the court’s directive or be jailed personally. Again, as in the previous instance, AGs office kept a studious silence as the late CS for Interior disregarded the new court directives and 30-days window lapsed on June 19 without commencement of the law, despite the fact that it is your (the A.G’s) office that represented the government in the case!
Once again, Said office, established under Article 156 of the Constitution as the principal legal advisor to the Government and legal representative in all cases in which the Government is a party, and which office is charged with the onerous functions of promoting, protecting and upholding the rule of law, failed to act and advise the relevant Ministry and departments to respect the court directives.
The instances cited are not the only ones in which the A.G s office has failed to act in public interest.
You are aware that in November 2016, the Commission on Administrative Justice (CAJ), a Constitutional Commission to boot, recommended that the Chief Executive Officer of the NGO Coordination Board Fazul Mahamed be dismissed from office for using a fake degree certificate to secure the job. The Commission also recommended that he be surcharged for all the more than Ksh 8.5 million he had earned cumulatively as salary from when he was irregularly appointed.
To date,there is kept a studious silence on the matter, even after the Ethics and Anti-Corruption Commission (EACC) published in the Gazette Notice its findings confirming that indeed, Fazul Mahamed used forged academic papers to get employed as the CEO of the NGO Board despite the fact that this office is the clearing house for all gazette notices!
Recently, apparently acting out interests that are only known to the A.G personally, his office sprang into action when the Cabinet Secretary for Education, Science and Technology sought to reconstitute various University Councils, including that of the University of Nairobi. In your (the A.G’s) legal opinion which was published and publicised in a cross section of the print and electronic media nationally, you faulted and overruled the Education Cabinet Secretary for appointing new members to the UoN Council even “before cases related to their tenure are heard and determined”. Through a letter dated June 28, 2017 A.G’s office said that even though Matiang’i has powers to appoint members of Councils through Section 36 of the Universities Act, due procedure must be followed. In the said letter, A.G is quoted to have written thus:
“The corresponding power regarding the removal of council members must be in accordance with the University of Nairobi Charter (2012), the Letter of Interim Authority and the State Corporations Act,” But even as you seem to have gone out of your way to proffer such sound advisory, it did not occur to you that similar cases, including refusal by the CEO of the NGO Coordination Board to reinstate staff he dismissed illegally have not merited your attention even after the Industrial and Labour Relations court directed that they be reinstated unconditionally!
It is against these acts of commission and omission that we petition your (A.G’s) office to wake up to the constitutional calling of this position as a State officer and discharge your mandate in a manner that respects, protects and upholds the rule of law, and such related values of public service as high standards of professionalism, responsive, effective, impartial, and equitable provision of services as well as accountability for administrative acts of omission and commission that have become the hallmark of your tenure as the current Attorney General of Kenya.
We further wish to remind the A.G of the requirements of Chapter Six of the Constitution that demands of all State and public officers that any authority assigned to a State Officer “is a public trust to be exercised in a manner that is consistent with purposes and objects of the Constitution” and brings honour to the nation, dignity to the office and inspires public confidence in the integrity of the office. Such purposes and objects of the Constitution are to be found in Article 10 of the Constitution that speak to the national values and principles of governance such as the rule of law, respect for human rights, accountability to the public, non-discrimination and social justice.
The Civil Society Reference Group (CSRG) is a network of Public Benefit Organizations (PBOs within the meaning of the Public Benefit Organizations Act, 2013 whose aim is to promote the establishment and realization of an enabling legal, operational and regulatory environment for local, national and international Public Benefit Organizations (PBOs) based and working in Kenya and the region. The Reference Group is thus committed to a vision of an enabling environment for effective civil society sector in Kenya that promotes ethical standards through self-regulation.CSRG Mission, therefore, is to catalyse collaborative relationships between different levels of Government, the public and other state actors and to protect and enhance an independent and effective civil society voice and agency in the public interest.
It is hoped that the Office of the Attorney General will rediscover and take up its rightful role in the promotion, protection and upholding of the rule of law, and advise the relevant Government ministries on the imperative to obey court orders, and more importantly, move with speed to commence the Public Benefit Organizations Act as was directed by the court on October 31, 2016 and again on May 12, 2017.
by Apostle Gabriel Cross I am the Gold that is about to be discovered and uncovered, for God’s Glory! God is the gold, in me that the world is about to discover! © Crown of Glory International Ministries. Unauthorized use and/or duplication of this material without express and written permission, from this blog’s author and/or […]
the Death of Liu Xiaobo
deeply saddened to learn of the passing of Nobel Peace Prize laureate and prominent Chinese political prisoner Liu Xiaobo. heartfelt condolences go out to Liu Xiaobo’s wife, Liu Xia, and his family and friends. A poet, scholar, and courageous advocate, Liu Xiaobo dedicated his life to the pursuit of democracy and liberty.
the Chinese Nobel Laureate was represented at the Nobel ceremony by an empty chair.
THE SAME CHINESE ALSO HARASSED A BEAUTY PAGGEANT CONTESTANT IN RECENT TIMES EVEN FOLLOWING HER AROUND TO SEE WHO SHE TALKS TO AND WHAT SHE SAYS AND THEY GOT INVOLVED IN THE ORGANIZATION OF THE SAID BEAUTY PAGEANT.
THERE ARE MANY SIDES TO A COIN OR AN ISSUE.BE OPEN MINDED.
President Trump and First Lady Melania Trump participate in the French National Day Parade with President and Mrs. Macron
President Trump and First Lady Melania Trump depart Paris, France en route to Newark, New Jersey
Vice President Pence delivers remarks at the National Governors Association Summer Meeting
Vice President Pence participates in a series of meetings with governors
Vice President Pence participates in a bilateral meeting with Prime Minister Justin Trudeau of Canada
Vice President Pence participates in a series of meetings with governors
Vice President Pence delivered remarks on Obamacare in Lexington, Kentucky on Wednesday saying, “it’s going to take courage, and it’s going to take leadership in Washington, D.C. And make no mistake about it, there are many voices in our Nation’s Capital, and you see them on TV all the time. But there is no more compelling voice in Washington, D.C. than the voice of the American people. So let your voice be heard.”
Press Secretary Sean Spicer released a statement saying, “President Donald J. Trump was deeply saddened to learn of the passing of Nobel Peace Prize laureate and prominent Chinese political prisoner Liu Xiaobo.”
Obamacare fact of the day
FACT: Taxpayers are on the hook for Obamacare’s surging costs. The average Obamacare subsidy in February 2017 was nearly $4,500 – an increase of nearly $1,200 from just two years prior.
President Trump and First Lady Melania Trump participated in a viewing of the National Day Parade in France in honor of Bastille Day. President Trump is the first United States President to participate in the ceremonies since 1989.
In July 2016,The Kenyan delegation to the High Level Political Forum (HLPF) Committed the country to present a national voluntary report on development goals, (SDGs) to the 2017 (HLPF) to be held between 16th & 19th July 2017, At The UN Headquarters In New York. A draft report was prepared .
(The importance of country-level multi – stakeholder partnerships In A Changing development I landscape).
This is a side event at The 2017 high- level political forum on sustainable development. Tuesday, 11th July 2017.
Venue :The Japan Society, Murase Room
333E.47th st.( In between 1st and 2nd Ave.),New York.
“Obamacare Moment of Truth”
– Editorial Board, The Wall Street Journal
The Wall Street Journal Editorial Board describes that after months of cross negotiations between conservative and GOP moderates, the Senate will face a “watershed” moment next week, when it votes on Obamacare repeal and replace. The new bill “includes expanding eligibility for insurance subsidies, increasing subsidies for out-of-pocket expenses,” finances high-risk pools, stabilizes the insurance markets, “dispenses $45 billion for heroin and opioid abuse treatment,” and maintains Medicaid reform. The vote next week will “force Republicans to honor their avowed principles – or betray them,” it pens.
Click here to read more.
KENYA MOURNS THE LOSS OF A STATESMAN AND STALWART OF UNITY AND STRENGTH.
It is with great sorrow that the Government and kenyans mourn the passing on of General (Rtd) Joseph Nkaissery, the Cabinet Secretary in the Ministry of Interior and National Government,who passed away this morning, at Karen Hospital. He was 67 years old.
Details related to the sudden death are now beginning to emerge. It is now clear that the General collapsed while at home and was rushed to the Karen Hospital and upon further examination was pronounced dead on arrival.Both the Hospital and his family have clarified that he was not admitted at the Facility.
Under the strenuous circumstances, an earlier statement indicating that Gen. Nkaissery passed on while receiving treatment at Karen Hospital was made in error .
The publicis asked to remain patient as work continues with the family on more details.
All necessary communication will be released in a timely manner as it unfolds but with due regard to the family’s privacy.
While as the government is shocked by the sudden death and demise of the beloved Cabinet Secretary, let all know that the best way of honouring his memory and his legacy is continue with the steadfast commitment of placing Kenya first under all Circumstances.
The Security Forces remain resolute in carrying out their foremost duty of protecting Kenyans, and assure you that there’s no cause for alarm.
Education C.S Dr.Fred Matiang’i,has been appointed as the acting Cabinet Secretary in the Ministry of Interior and Coordination of National Government.
All continue to Pray for his family, friends, the relatives and the people of Kenya during this trying time.
May GOD bless and rest his soul in eternal peace.