MPs’ bid to lift ban on Edward Ouko probe flops
Auditor-General Edward Ouko (right) with his lawyer Otiende Amollo before the Finance, Trade and Planning Committee on February 28, 2017. PHOTO | FILE | NATION MEDIA GROUP.
What you need to know:
In a statement filed in court, the National Assembly, through its clerk Mr Michael Sialai, said public interest lies in allowing the departmental committee and MPs to carry out its constitutional mandate.
A probe by Parliament on Auditor-General Edward Ouko will remain suspended after legislators failed to convince the Court of Appeal to lift the orders issued last year.
The appellate judges said the issue raised by the National Assembly can best be addressed by the High Court and, in their opinion, they do not think that the possibility of MPs being accused of dereliction of duty by failing to complete the probe was so grave.
APPEALS
“It is not lost to us that all of these skirmishes are a mere corollary to the main issue to be sorted out at the substantive hearing of the two sets of proceedings at the High Court, the conclusion of which would in all probability lead to substantive appeals in this court.
"We think that the near-kneejerk resort to interlocutory appeals, such as the one before us, does little to aid in the just, expeditious and affordable determination of disputes,” Justices Roselyn Nambuye, Patrick Kiage and Agnes Murgor said.
The judges added that they do not think that it serves the interests of justice or good order to have orders and counter-orders issued from the judiciary in “ping-pong fashion” such as they were being asked to do.
According to the judges, Justice Chacha Mwita, who issued the orders in March last year, fully appreciated the public interest quotient of the matter before him.
The National Assembly had moved to the Court of Appeal after Justice Mwita stopped their probe. According to the MPs, the move amounted to muzzling the legislature and an affront on separation of powers.
In a statement filed in court, the National Assembly, through its clerk Mr Michael Sialai, said public interest lies in allowing the departmental committee and MPs to carry out its constitutional mandate.
He said Mr Ouko will not suffer any prejudice by appearing before the committee to respond to the allegations against him.
On the other hand, he added, it will be immensely prejudicial to him if he is not accorded an opportunity to be heard by the committee.
The Departmental Committee on Trade and Finance had started the probe after lawyer Emmanuel Mwagambo Mwagona filed a petition, seeking Mr Ouko’s removal.
