“The chairman of the board will constitute a panel to interview the judge afresh,” Rao said.
The review of Ibrahim’s determination has been the subject of controversies and exchange between him, the Law Society of Kenya and the judiciary.
A case has been filed in Eldoret challenging the legality of the vetting on numerous grounds including the question as to whether a Supreme Court judge could be vetted.
On Nambuye’s review the board acknowledged had erred in determining that she had not submitted an audit of all her outstanding judgements while as she had done so during the vetting.
“This error was significant since the board relied on this incorrect fact to make damaging findings,” her lawyer Peter Simani had claimed. The board decided she would also be vetted again.
Justice Khaminwa, wife of senior counsel Dr John Khaminwa was removed for delay in delivery of 63 judgements and rulings some dating back to 2006.
The board was convinced that Khaminwa, who represented before it by her husband, did not have any more energy, focus and concentration to continue serving as judge.
She had informed them that in 2011 she had been ill and her work had been distributed to other judges. In 2009 she delivered only 20 judgements.
“The judge seemed unwilling to acknowledge that she would have conducted her court in a manner that would have ensured a more efficient case flow management system,” Rao said.
Justice Khaminwa was the first black woman to set up a law firm in Kenya in 1969.
The board upheld the removal judge Jeanne Gacheche thereby sealing of her fate as the decision cannot be challenged in any court.
Justice Koome escaped the sacking narrowly with the board members tying four to four on a vote to decide her fate. She had been vetted publicly on May 2 and 16 this year.
