Retired Judge Aaron Ringera in a past event. He is chairinng a tribunal
that was appointed by President Uhuru Kenyatta to probe six Judicial
Service commissioners. The High court has reversed the suspension of the
six and stopped the probe by tribunal appointed to investigate them.
PHOTO/FILE
NATION MEDIA GROUP
By Galgallo Fayo
In Summary
- The High Court has reversed the suspension of six judicial service commissioners by President Uhuru Kenyatta and stopped the probe by tribunal appointed to investigate them
- Justice George Odunga, in a strongly worded ruling, ruled that the President action was in breach of court order that he issued on October 30 and later on November 6 stopping the process of the removal of six commissioners
- The Judge further bared the tribunal members from being sworn in
The High Court has reversed the suspension of
six judicial service commissioners by President Uhuru Kenyatta and
stopped the probe by tribunal appointed to investigate them pending
determination of the suit filed by Judicial Service Commission (JSC).
Justice George Odunga, in a strongly worded
ruling, ruled that the President action was in breach of court order
that he issued on October 30 and later on November 6 stopping the
process of the removal of six commissioners.
JSC filed the application under a certificate of
urgency on Monday, saying the tribunal to be chaired by retired judge
Aaron Ringera was appointed based on a National Assembly petition that
was in defiance of a court order.
“If therefore turns out that the action by His
Excellency the President of appointing the tribunal was undertaken in
breach of the orders of this court, the action may well be null and void
and of no effect. It is as if it was never done in the first place. It
was as if it never existed,” ruled Justice Odunga.
The Judge further bared the tribunal members from being sworn in.
The President suspended commissioners Justice
Mohamed Warsame, Prof Christine Mango, Dr Samuel Kobia, Emily Ominde,
Ahmednassir Abdullahi and Florence Mwangangi pending investigation by
tribunal.
He suspended the commissioners after receiving petition National Assembly
In a special gazette notice, the President also
appointed Jennifer Shamallah, Ambrose Otieno Weda and Mutua Kilaka as
members of the tribunal, which will also determine if there are grounds
to remove any or all members of the JSC.
The Justice Odunga enjoined the appointed tribunal
member as respondents in the suit by JSC and referred the file to Chief
justice to constitute three Judges to hear the case.
Nicholas Mugambi had petitioned Parliament,
seeking the removal of the six commissioners for allegedly obstructing
investigations into Judiciary staff accused of misappropriating Sh80
million.
The High Court had on October 30 and later on
November 6 suspended any hearing, deliberation and in any way
determining the petition filed by Mr Mugambi before the National
Assembly, pending determination of the JSC suit.
However, Parliament adopted the report recommending removal of the six commissioners, a day after the order was made.
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