Relief For Ex-Legislators And Governors Former As Court Annuls Law Precluding Them From Land And Police Service Commission Jobs

by Mahakamani News

Former governors, national and county assembly lawmakers can now apply for positions advertised by the National Land Commission (NLC) and National Police Service Commission.

This is after Justice James Makau nullified an NLC Act restraining them from seeking the positions.

Justice Makau on Friday declared unconstitutional a law that bars former governors and legislators from being recruited as commissioners of the said commissions if they held the respective public offices in the proceeding period of five years.

“I find the provisions of the acts complained of offending, discriminative and unreasonable,” Justice Makau ruled.

The two commissions had defended the Act insisting that it was aimed at ensuring independence of candidates from political party inclination.

Justice James Makau

The petitioners, who were former legislators, had argued that it is unlawful and against the law to bar them from contesting for the positions or working for any other government agency on grounds that they had previously occupied political offices.

“I find no basis of saying after five years are over one would be independent from a political party inclination,” he added.

Section 8 (3) (c) of the NLC Act disqualifies immediate former MPs and MCA’s as well as former governors from eligibility as members of the Commission.

“A person shall not be qualified for appointment as the chairperson or a member of the Commission if the person — has  at  any  time  within  the  preceding  five  years,  held  or  stood  for election  as  a  member  of  Parliament,  a  county  assembly  or  as  a governor,” the Act states.

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