SIX members of the Judicial Service Commission suspended by President Uhuru Kenyatta on Friday were reinstated by the High Court yesterday. High Court judge George Odunga further blocked the tribunal appointed by the President from commencing any investigations against the six JSC members pending the hearing and determination of their case challenging the probe.
The six JSC members are Ahmednassir Abdullahi, Florence Mwangangi, Prof Christine Mango, magistrate Emily Ominde, appeal judge Mohammed Warsame and Rev Samuel Kobia. "The court takes judicial notice of the central role played by the petitioner (JSC) in ensuring that there is smooth administration of justice in this country and that the suspension of the said six commissioners may impact negatively on the smooth operation of the petitioner," said Justice Odunga.
In a short ruling the judge said that the appointment of the tribunal by the President was in breach of court orders and therefore the action was null and with no effect. To permit the tribunal to start work before all parties in the case are heard would be a waste of public funds as well as amount to disobedience of court order.
The JSC had applied to Judge Odunga challenging the decision by the JSC suspension by the president. The JSC questioned the legality of Uhuru's decision as it disobeyed a court order. The president suspended the JSC members last Friday after he received a recommendation from the National Assembly for their removal.
However a court order was issued last month barring Parliament from debating or initiating of removal of the six JSC members.
The High Court court twice issued orders that were served on both Attorney General Githu Muigai and Speaker of the National Assembly Justin Muturi. The first order barred the parliamentary Committee on the Administration of Justice from tabling its report on the six JSC members to parliament.
The second court order on November 6 barred Parliament from discussing the report and initiating the removal of the six. Yesterday Judge Odunga directed that the matter be placed before Chief Justice Willy Mutunga for constitution of a three judge bench.
"It is my considered view that the issues raised in this petition are substantial questions of law with respect to interpretation of the constitution more particularly with regard to the relationship between the three arms of government and separation of powers between them," said the judge.
After the ruling, lawyer Paul Muite defended the JSC saying its members had not refused to appear before the parliamentary committee as claimed. He said the JSC had instead asked on October 20 for more time to organize itself before appearing before the committee.
He added that the parliamentary committee went ahead to prepare its report while the JSC was preparing to appear before them.
In August a petition was filed seeking the removal of six JSC members.
The parliamentary committee then summoned the JSC on August 20 after disciplinary proceedings were initiated against now sacked Chief Registrar of the Judiciary, Gladys Boss Shollei.
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