Revealed: Corner office intrigues in ‘Judiciary coup’ plot

A corner office on the ground floor of the Supreme Court building in Nairobi was the centre of judicial power coup that set in motion a paralysis in Kenya’s highest court on Friday.

The events of the day have occasioned a “show cause” letter to the Deputy Registrar of Supreme Court Lucy Njora, and an emergency meeting of the Judicial Service Commission (JSC) tomorrow.

Journalists, judicial officers and lawyers who had camped outside Chamber 13 that afternoon revealed how a judicial officer frustrated lawyers and how even the advocates lied to one another in a bid to ensure that the Supreme Court blocked the immediate retirement of Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi soon after the Court of Appeal sent them on retirement.

The judges had lost an appeal seeking to delay their retirement until the age of 74. But the two rushed to the Supreme Court duty judge to obtain stay orders, which Justice Njoki Ndung’u granted.

Through multiple interviews, The Standard on Sunday has patched together what appears to be a well-oiled campaign, with shades of personal loyalty, favouritism and possible judicial misconduct, within the corridors of justice.

Access denied

All this happened while the Chief Justice Willy Mutunga was in hospital. Yesterday, as Kenyan Twitter went into overdrive questioning where the Chief Justice was, he emerged and said he had been indisposed. “I have not been traveling. I was in hospital this week,” said Dr Mutunga.

There were reports yesterday, which The Standard on Sunday could not independently verify, that the Chief Justice asked for the files, but an unnamed high-ranking judicial officer ensured that the files only reached the Chief Justice after the stay orders on the Court of Appeal ruling had been issued. It is possible that this is the reason why Njora received her letter from the JSC. It has also emerged that JSC lawyers are preparing to file a petition at the Supreme Court to have the orders set aside.

The goings on have sparked uproar from one of the interested parties, Okiya Okoiti Omtata who told The Standard on Sunday that he was going to petition for the removal of Ndung’u. “What she did was unacceptable. We cannot allow it to go unchallenged. She is my friend, but on this one, I am going to bring a petition to have her removed from the Supreme Court. How can she give orders ex-parte?” posed Okiya.

The Standard on Sunday also witnessed an incident where the lawyer of the JSC, Charles Kanjama, was haggling with a judicial officer as he tried to get audience with Ndung’u to plead with her to listen to JSC’s side of the story.

“He had a letter and gave it to the secretary. The secretary took it to judge Njoki’s office, and then she came out. When he (Kanjama) tried to find out if he would get audience, the secretary rebuffed his efforts,” said a source who sought anonymity.

This is what happened: The Court of Appeal delivered its ruling at mid-day Friday. A few minutes later, Rawal’s lawyer Waweru Gatonye asked for leave to appeal the judgment at the Supreme Court and for the certified copy of the judgment.

The presiding judge of the appellate court GBM Kariuki simply told him that it was his right to do so and the court rose. As they trudged out, reports filtered that lawyer Kioko Kilukumi, also on Rawal’s legal team, had filed papers at the Supreme Court seeking stay orders.

Kanjama dashed to the Supreme Court to ask Ndung’u for audience. A few minutes later the orders were out.

On Tunoi’s case, lawyer Issa Mansur for JSC was present at the Supreme Court when the application for stay orders was being filed. He even formally opposed the application through a letter to the Deputy Registrar Supreme Court.

“We refer to the above matter whereby we are on record for the JSC and to the judgment delivered by the Court of Appeal today morning dismissing the appeal.

“Kindly note that we are available to attend court for hearing of any application for conservatory relief. Our client will strongly object to any orders being granted ex parte.

“In the circumstances, we kindly request that an order directing service of the application on the respondents be issued before any ex parte orders are issued,” the letter said. Although Mansur’s letter appeared to have reached the registry on time unlike Kanjama’s, it seems it did not receive positive consideration.