The Law Society of Kenya has faulted the Ethics and Anti-Corruption Commission (EACC) move to investigate the Registrar of Supreme Court, Esther Nyaiyaki, saying it will amount to an attack on the independence of the Judiciary.
The EACC investigations were triggered by Rashid Mohamed who accused her of misleading the Supreme Court Judges in quashing the re-election of President Uhuru Kenyatta in the August 8 presidential election
But in a letter to EACC chairman Eliud Wabukala, LSK president Isaac Okero said the commission has no authority to intervene and “purport” to conduct an investigation against an officer of the Judiciary.
Noting that Ms Nyaiyaki was acting on the interim orders of the Supreme Court, Mr Okero said that such an investigation can 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.
Ms Nyaiyaki supervised a team of ICT experts picked to examine the materials used to declare the presidential result.