JSC seeks to block Uhuru tribunal from starting probe

Retired Judge Aaron Ringera in a past event. Photo/FILE  NATION MEDIA GROUP

By Galgallo Fayo

In Summary

• The Judicial Service Commission (JSC) has moved to court, seeking to stop the investigation of six of its members by a tribunal appointed by President Kenyatta
• JSC filed the application under a certificate of urgency yesterday, 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
• Justice George Odunga will on Tuesday morning rule on JSC’s request for the temporary orders. President Kenyatta suspended the six, pending investigations into their conduct

The Judicial Service Commission (JSC) has moved to court, seeking to stop the investigation of six of its members by a tribunal appointed by President Kenyatta on Friday.

JSC filed the application under a certificate of urgency yesterday, 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.

“Pending the hearing and determination of the petition, there be a stay of the suspension of Justice Mohamed Warsame, Prof Christine Mango, Dr Samuel Kobia, Emily Ominde, Ahmednassir Abdullahi and Florence Mwangangi as Judicial Service commissioners,” states one of the orders sought by JSC.

Justice George Odunga will on Tuesday morning rule on JSC’s request for the temporary orders. President Kenyatta suspended the six, pending investigations into their conduct.

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.

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.

“The second respondent (attorney- general) having been served with the orders issued on October 30, 2013 and November 6 as the principal legal advisor to the President, the President could not validly appoint a tribunal under article 251 of the Constitution,” says JSC in its petition.

Under article 251 of the Constitution, the National Assembly is allowed to send a petition to the president for removal of commissioners if it is satisfied that they have violated the Constitution.

JSC further wants the tribunal members stopped from being sworn into office, pending the hearing and determination of the suit.

JSC says the petition that was sent to President Kenyatta by the National Assembly was null and void since it was reached in defiance of a court order.

The commission argues that the suspension of the JSC members would trigger a constitutional crisis by paralysing the function of the commission and by extension that of the Judiciary. 

In the petition, JSC claims that the petition by Mr Mugambi was initiated in bad faith as a result of its decision to sack former chief registrar of the Judiciary Gladys Shollei.

The commission’s said that the Justice and Legal Affairs committee chairman, Samuel Chepkonga, had been openly biased against them from the onset of their dispute with Mrs Shollei.