Section 14(1)(b) of the Supreme Court Act provides that to ensure that the ends of justice are met, the Supreme Court shall, within 12 months of the commencement of the Act, either on its own motion or on the application of any person, review the judgements and decisions of any judge removed from office, pursuant to the vetting process.
They, however, have to be only those decisions, which led to the removal of the judge. It means anyone or the court itself could initiate an application to have the cases reviewed but within two years of the Act.
Justice Nyamu lost his job over the manner he cleared Prof Saitoti, when he served in the Constitutional Division of the High Court.
The judge, who sat in a Bench of three, had issued orders striking out all portions of the commission report touching on Saitoti, giving the minister a clean bill of health.
Wrong findings
The court had ruled that because of the long delay and wrong findings of the commission, Saitoti would not get a fair trial.
The case was thereafter adopted in several other proceedings challenging the findings of the commission.
"The language used in the order was intemperate and gratuitously disrespectful," Judges and Magistrates Vetting Board Chairman Sharad Rao said when reading the decision of the team.
Nyamu heard the case with two other High Court judges now waiting to be vetted. He also faced questioning over the transfer of a piece of land when he was still a practicing advocate.
He had also been questioned over claims he was a gatekeeper in the High Court for the Executive branch of Government who found favour with former Chief Justice Evan Gicheru.
The Appellate Court sitting in Kisumu was abruptly adjourned on Wednesday morning after the presiding judges heard that two of them had been relieved of duties.
Judges Omollo and Bosire were deciding cases filed at the Appellate Court only for them to hear that they had been sacked, while on duty.
