EX-CJ Bernard Chunga declines appointment by DPP as lawyers file challenge
July. 08, 2019
By CAPITAL REPORTER, NAIROBI, Kenya Jul 8 – Former Chief Justice Bernard Chunga has declined an appointment by the Director of Public Prosecutions Noordin Haji.
Haji had appointed Chunga to chair the Task Force on Operationalization of Inspection in his office.
But in a statement, Chunga said he will not take up the appointment for personal reasons.
“Many thanks for appointing for appointing me as the Chairman of the Task Force. However, due to pressing commitments I have undertaken elsewhere, I regret to advise that I will not be able to undertake the appointment,” Chunga said on Monday, hours after a lobby group, Chama Cha Mawakili filed a suit in court, seeking to have the appointment quashed.
“The appointment is unconstitutional as it is not based on principles of accountability, merit and competition, “states the group, in a case filed at the Milimani Law Courts in Nairobi.
The taskforce was given a month to table proposals on the establishment of an inspectorate department. It is their argument there was no advertisement or communication made to members of the public on the existence of the position.
“No interviews were carried out,” the argued in their petition.
The lobby group made up of lawyers said the selection of Chunga was not based on any form of merit or fair competition.
They prayed to the court to suspend his appointment pending hearing and determination of their case. The lawyers claim Chunga’s choice has rekindled the bad memory of many of his victims from his actions when he served as Deputy Public Prosecutor and Chief Justice.
The Truth Justice and Reconciliation Commission (TJRC) report had recommended that he should never hold public office over injustices that occurred during his reign.
[Racheal Mburu contributed to this article from Milimani Law Courts]