By Isaiah Lucheli
Nairobi, Kenya: A three judge bench has stayed the decision by the Judges and Magistrates Board to have high court judge Joyce Khaminwa removed from the bench.
Judges George Odunga, Weldon Korir and Pauline Nyamweya Tuesday said the Khaminwa had raised serious issues in her application and ordered that the decision of the board be stayed until the suit is heard and determined.
In her application the judge had submitted that the board had found her unsuitable on medical grounds and argued that the board had acted beyond its jurisdiction.
“The decision of the board that the applicant was not fit to continue serving on the bench on medical grounds did not fall under the mandate of the board,” she had submitted.
In her application, the judge had also submitted that the board had not sought the opinion of a medical expert or any opinion from medical field before reaching the decision.
Khaminwa had moved to court seeking to quash the decision of the board taken on March 1 this year which found her unsuitable to continue serving as the a judge of the high court.
The judge had also sought to be reinstated as a judge noting that the board had acted beyond their mandate.
The vetting of judges exercise has been concluded and 11 judges have been found to be unsuitable.
The board commenced the vetting of 351 magistrates after concluding the vetting of 53 judges but the exercise has stalled due to the strict timelines and the leaving of three foreign judges.
