Court stops removal of six JSC members

Chief Justice Willy Mutunga (centre), flanked by JSC members, addresses the media at the Supreme Court in Nairobi on October 18, 2013 when announced the firing of Chief Registrar Gladys Shollei. The High Court has issued fresh orders stopping the removal of six Judicial Service Commission members. PHOTO/FILE  NATION

By PAUL OGEMBA
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The High Court has issued fresh orders stopping the removal of six Judicial Service Commission members.

Justice George Odunga ruled that they should not be suspended until a case filed by JSC challenging parliament’s move to remove them is heard and determined.

The members are Ahmednassir Abdulahi, Prof Christine Mango, Justice Smokin Wanjala, Justice Mohammed Warsame, Emily Ominde and Florence Mwangangi.

“Since the application is not opposed by the National Assembly who have deemed it fit not to appear before this Court despite being served, the conservatory order that commends itself is that the six commissioners shall not be suspended or removed from the office based on the petition by parliament,” ruled Odunga.

He further declined a request by businessman Bryan Yongo to be enjoined in the dispute, ruling that he had not established sufficient grounds to be joined as an interested party.

BAD FAITH

The JSC claimed that the petition before the National assembly was initiated in bad faith as result of the decision to sack former Chief Registrar Gladys Shollei.

“The petition was initiated for the sole reason of trying to control and interfere in the discharge of JSC constitutional mandate which is an abuse of privilege conferred on the committee,” said lawyer Issa Mansur.

The petition was supported by an affidavit by JSC registrar Wilfrida Mokaya who swore that the departmental committee’s chairman Samuel Chepkonga has been openly biased to them from the onset of their dispute with Mrs Shollei.

“The chairman issued a threat to the commissioners and from the onset, it was clear he had a personal interest in the disciplinary process initiated against Mrs Shollei,” said Mokaya.

She swore that the commission received summons to appear before the committee but in the spirit of separation of powers, they sent the deputy chief registrar and lawyer Paul Muite but the committee turned them away and accused Mrs Shollei of being behind the MPs attempts to remove some commissioners.

“After all her attempts before the JSC failed, a change in tact was adopted triggering the filing of a petition by a person who had unlawfully and criminally accessed confidential documents which he presented to parliament seeking the removal of six commissioners,” said Mokaya.

The complaint which was the subject of debate before the departmental committee was filed by Mr Nicholas Riungi Mugambi who accused the JSC committee on Finance and Administration of being liable for the financial mess in the Judiciary.

Mr Mugambi sought the removal of Commissioners Ahmednassir Abdulahi, Prof Christine Mango, Justice Smokin Wanjala, Justice Mohammed Warsame, Emily Ominde and Florence Mwangangi.

Ms Mokaya claimed that in the event that parliament adopts the report by the committee and forwards the recommendation to the president, JSC operations will be paralyzed and grind to a halt.

“The proceedings before the departmental committee have the effect of triggering a constitutional crisis due to an unlawful process,” said Mokaya