Nyachae to sue MPs for rejecting appointment of Monica Juma

The Constitution Implementation Commission (CIC) will move to court to seek an advisory opinion on whether members of the National Assembly were justified to reject Monica Juma’s appointment as Secretary to the Cabinet over personal differences as opposed to her qualification credentials.

Although the CIC chair Charles Nyachae acknowledges the constitutional powers of the National Assembly, he says it is unconstitutional for the members of the August House to misuse their powers to settle personal differences.

Nyachae says MPs misused their constitutional powers by rejecting Monica Juma who, in his opinion, is a qualified candidate for the position.

“It appears that members had issues with madam Juma which they have used Parliamentary powers to settle scores. This, in my opinion, is unconstitutional,” says Nyachae.

The commission will be moving to court, to seek an advisory opinion on whether the MPs acted in accordance with the law by using personal differences to reject a constitutionally suitable person.

“In a few weeks’ time, we will be seeking a legal opinion on whether the MPs were constitutionally right to use a matter that is not among those stipulated in as a reason for either rejection or approval of a person to a public office.”

Even as the MPs move appeared to be final, Nyachae says there is nothing that can stop the President from resending Monica’s name to Parliament for reconsideration.

“The President can still send back Monica’s name for the position. There is absolutely nothing wrong with that.”

But as things stand, Monica is still the substantive Principal Secretary for the Interior Ministry.