President Kenyatta extends cohesion officials term

National Cohesion and Integration Commission Chairman Francis Ole Kaparo. President Uhuru Kenyatta on August 4, 2017 extended NCIC commissioners' term by one year. PHOTO | FRANCIS NDERITU | NATION MEDIA GROUP

President Uhuru Kenyatta has extended by one year the term of the cohesion agency commissioners, in a move that has been termed as unconstitutional by lawyers.

In a Gazette notice dated August 4, President Kenyatta extended the three-year-term of the Francis Kaparo-led National Cohesion and Integration Commission (NCIC).

''I, Uhuru Kenyatta, President of the Republic of Kenya and commander in chief of the Kenya Defence Forces extend the term of the commissioners and chairperson by one year, '' President Kenyatta said in a notice dated July 21 carried by an August 4 special issue of the Kenya Gazette.

LSK

But immediately after the gazette notice was made public, Law Society of Kenya president Isaac Okero dismissed President Kenyatta’s move as a nullity, saying it was against the Constitution.

“The President cannot unilaterally extend the term of the NCIC commissioners as they have to go through the National Assembly. It is against the Constitution, and the NCIC Act,” Mr Okero told the Nation on phone.

The NCIC has eight commissioners nominated by the National Assembly and appointed by the President, and shall serve for a three-year-term, and shall be eligible for re-appointment on another three-year-term.

“The President shall nominate and, with the approval of the National Assembly, appoint, and may dismiss a State or public officer whom this Constitution requires or empowers the President to appoint or dismiss,” Article 132 92) f of the Constitution says.

OFFICE

The one-year extension, Mr Okero said, was not only unconstitutional because it did not pass through the House, but also because even if the extension of term were legal, it has to be a three-year-term.

Mr Kaparo, a former Speaker of the National Assembly, was appointed to office on August 12, 2014, along with seven commissioners on a three-year-term.

The other commissioners are Vice Chairperson Irene Wanyoike, Belinda Ochiel, Adan Abdi Mohammed, Dr Roba Sharamo, Dr Joseph Nasongo, Morris Dzoro, and Prof Gitile Naituli.