High Court reverses suspension of six JSC members

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.