Vetting board rules on fate of judges

What you need to know:

  • High Court judge Mary Ang’awa found unfit. Her conduct towards lawyer and litigants rigid.
  • Murugi Mugo also found unsuitable. Disrespectful to parties in court
  • Judges Chitembwe and George Dulu cleared. Found suitable
  • Justice Anyara Emukule suitable to remain.
  • Justice GBM Kariuki suitable to remain. Asked to work on his temper.
  • Judge Joseph Karanja suitable to remain.
  • Judge Luka Kimaru to continue serving
  • Justice Isaac Lenaola. Fit to continue serving
  • Judge Milton Makhandia fit to continue in office
  • Judge Aggrey Muchelule suitable
  • Judge Florence Muchemi suitable to remain in office
  • Judge Daniel Musinga to continue serving
  • Judge John Mwera to continue serving
  • Judge Philemon Mwilu fit to serve
  • Judge Leonard Njagi unsuitable to serve.
  • Judge Fredrick Ochieng suitable to remain in office
  • Justice Maureen Odero fit to remain in office
  • Justice Hellen Omondi cleared to continue serving
  • Judge David Onyancha suitable to remain
  • Judge William Ouko fit to serve
  • Justice Roselyne Wendo cleared to continue serving
  • Judge Joseph Sergon unfit to continue serving over credible allegations of corruption and failing to remit client's money. Lacks personal integrity
  • Judge Ruth Sitati found fit to continue serving
  • Judge Mohammed Warsame cleared to continue serving
  • Judge Hatari Waweru suitable to continue serving
  • Justice Nicholas Ombija unsuitable to continue serving

The Judges and Magistrates Vetting Board on Friday ruled on the fate of 28 High Court judges with most declared fit to serve in the Judiciary.

However, Judges Mary Ang'awa, Nicholas Ombija, Joseph Sergon, Leonard Njagi and Murugi Mugo were declared unfit to continue serving in the Judiciary.

In November, Parliament amended law on vetting of judges and magistrates to block courts from hearing cases of individuals found unfit to serve in judiciary.

Led by members of the Constitution Implementation Oversight Committee, the lawmakers amended the Vetting of Judges and Magistrates Act 2011 to provide that the vetting board will have the last word on the scrutiny.

The changes also provide that the removal from office of any judicial officer under the Act “shall not be subject to question in, or review, by any court.”

Justice Minister Eugene Wamalwa described as an oversight, exclusion of that clause when the law was passed.

The MPs also fixed December 31, 2013 as the last date by which all judges and magistrates should have been vetted.

The Act had initially provided that vetting should end by February 28, 2013.

They also empowered the board to co-opt members of the Judicial Service Commission, if necessary, to expedite its work

A bench of five High Court judges in October ruled that they could hear the petitions by High Court judge Jeanne Gacheche and Court of Appeal judges Riaga Omolo, Samuel Bosire, Emmanuel O’Kubasu and David Nyamu.

This was despite the transitional provisions of the new Constitution, which state that decisions of the vetting board “shall not be subject to question in, or review by, any court.”

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