AG denies claims that he directed Treasury to withhold salaries of the sacked judges

By Standard Digital Reporter

Attorney General denies claims that he directed Treasury or the Judicial secrvice commission to withhold salaries of the sacked judges, this is contrary to what was alleged by their lawyer Mr. Stephen Mwenesi, in court yesterday..

The Attorney General has stated that salaries of all judges are all paid from the Consolidated Fund and the allegation by Mr. Mwenesi is untrue.  “If the judges have any query on the issue of their Salaries they should not direct it to the Office of the Attorney General as it is not involved in the payment of judges,” according to a statement sent to media houses.

The judges were declared unfit to continue serving in the judiciary after they were vetted by the Judges and Magistrates Vetting Board. Under the Sixth Schedule to the Constitution of Kenya 2010, upon being found to be unfit to continue serving, the Judges were automatically deemed to be removed by operation of the Section 22 of the Schedule. Under Section 23 of the Schedule, the Constitution barred any court from entertaining any review or appeal from the decision of the Judges and Magistrates Vetting Board.

Nevertheless, the vetted judges went ahead and filed cases in the High Court which ruled that despite Section 23, it has jurisdiction to hear the cases. This decision was upheld on appeal to the Court Of Appeal. The Court of Appeal in a judgement read on the 18th October 2013 ruled that the High Court had supervisory jurisdiction over the Board.

However, the Attorney General is one of the Parties that were aggrieved by the decision of the Court of Appeal and who have appealed against the said decision to the Supreme Court. The Attorney General has all along contended that Section 23 of the Sixth Schedule to the Constitution of Kenya 2010 expressly ousts the jurisdiction of any court to entertain any appeal or review of the decision of the Judges and Magistrates Vetting Board.