Parliament to decide on fate of six JSC members

Parliament will determine whether or not six Judicial Service Commission (JSC) members will be removed from office after a Kenyan presented a petition to Speaker Justin Muturi.

Mr Muturi directed the Justice and Legal Affairs committee chaired by Ainabkoi MP Samuel Chepkonga to consider the petition and report to the House within 14 days.

Mr Riungu Nicholas Mugambi has petitioned the national assembly seeking the removal of lawyer Ahmednassir Abdulahi, Samuel Kobia, Emily Ominde, Christine Mango, Florence Mwangangi and Justice Mohammed Warsame from the commission for obstructing the investigations into judicial staff accused of misappropriating Sh80 million.

He pleaded with the assembly to find that the JSC members had violated Article245 (4), 161 (2) (c) of the Constitution and breached Article 161 (2) of the supreme and therefore should be removed from office.

The petitioner said Article 161 (2) designates the chief registrar of the judiciary as the accounting officer and the JSC members purported to approve and or disapprove expenditure of monies allocated to the judiciary thereby causing inordinate delay in the processing of salaries for judicial staff.

Mr Mugambi said JSC breached Article 173 (2) that designates the chief registrar Ms Gladys Boss Sholei as the administrator of the judiciary fund by directing payments to be done by persons authorised to approve expenditure thereby increasing the vulnerability of the judiciary.

“The petitioner claims that the said members of JSC have violated the Constitution by breaching Article 245 (4) which provides that no person may give directions to the Inspector General with respect to investigation of any particular offences. The said members of JSC signed a resolution directing the police not to arrest and charge judiciary staff who were alleged to have stolen Sh80 million from judiciary thereby willfully interfering with criminal investigations,” Muturi said.

Should the petition disclose grounds for removal of the officers, the House will proceed under Article 251 (a) of the Constitution to have the President remove the JSC members.

Once the President receives the petition to remove the officers from the commission, the president may suspend them and appoint a four member tribunal to investigate the matter expeditiously, report on the facts and make a binding recommendation to the president who shall act in accordance with the recommendations within 30 days.

The JSC and the chief registrar are wrangling over the management of the judiciary with the commission questioning impropriety involving Sh1.2 billion.

Chief Justice Willy Mutunga has invited the Ethics and Anti-Corruption Commission to investigate the allegations of fraud and corruption in the institution.

Ms Sholei was expected yesterday to appear before the JSC to answer questions regarding the claims.

Both Ms Shollei and JSC recently entered into an out of court settlement that saw the registrar resume her duties after a two week suspension.

Shollei was to be investigated by two committees of the JSC over allegations of malpractice, a probe that she termed as malicious.
When she appeared before the Justice and Legal Affairs committee in August, Ms Sholei admitted that she had strained relations with Mr Abdullahi, Judge Warsame and Chief Magistrate Emily Ominde.

She told MPs that she had challenges dealing with the three JSC members, citing instances of interference in her work by the commissioners.

She accused Abdullahi of interfering with the Judiciary’s search for an office block in Mombasa to host the Court of Appeal, intimating that the lawyer wanted to advance his interests and dictate the space that the institution should rent.

Mr Abdullahi represents the Law Society of Kenya (LSK) in the JSC.

Yesterday, Mr Muturi guided the committee to invoke provisions of Standing Order 230 that relates to petitions for removal of a member of a constitutional commission.

He said the petitioner claims that the said JSC members had violated the Constitution by breaching it.

Meanwhile, Mr Muturi has reminded all cabinet secretaries, principal secretaries and other state officers that the House retains the power of removing them from office for contempt and lack of courtesy to the national assembly.

He directed all State and public officers summoned by committees to appear or attend committee hearings to do so without fail.
Issuing a communication from the chair, Muturi said any requests for rescheduling of such meetings has to be made before committee at the scheduled hearing except in exceptional circumstances such as when those summoned are indisposed.

He said no State or public officer shall request rescheduling of House meetings by writing letter to the Clerk Justin Bundi or the Speaker.

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