The Nation, Kenya
June 23 2006
Karua renews bid to block probe teams on Armenians
Story by NATION Correspondent
Publication Date: 06/23/2006
The Government has objected further to the move by two House committees
to investigate the mystery behind the deported Armenian brothers.
Justice minister Martha Karua yesterday submitted another letter
to Speaker Francis ole Kaparo seeking to stop the committees on
Administration of Justice and Legal Affairs, and its counterpart on
Security and Defence from investigating the saga.
She had first objected to the move on Tuesday when she tabled a letter
she had written to the Speaker in which she attached attorney-general
Amos Wako’s legal opinion approving her arguments.
But in response, committee co-chair Paul Muite opposed the Government
move and declared the arguments raised as lacking merit in law and
in fact.
In yesterday’s letter, Ms Karua said that the doctrine of separation
of powers between the three arms of Government cannot be wished away
by political arguments.
"The roles of the Legislature are representation, oversight and
legislation. Implementation of policies and execution of laws has
never been the domain of the Legislature. Investigation of alleged
criminal activities can never be the role of Parliament nor is the
maintenance of national security," she argued.
On the Commissions of Inquiry Act, Ms Karua said since Parliament
gave the powers to the President, they should wait for their auditing
role. She said the Public Accounts Committee cannot walk into all
ministries to audit them. "They rather wait for the accounts to be
audited by the Auditor-General and then scrutinise them."
Ms Karua urged Mr Kaparo to stop the committees from carrying out
the investigations to avoid unnecessary confrontations with the
Executive. "They will only erode the dignity and authority of the
House," she said.