Court reassures judge over suit

By Evelyn Kwamboka

The High Court has assured a suspended appellate judge that it was comfortable hearing a suit in which he wants a tribunal investigating him disbanded.

High Court Judges Hannah Okwengu, Kihara Kariuki and Mohammed Warsame were appointed by Chief Justice Evan Gicheru to hear and determine Justice Moijo ole Keiuwa’s suit.

Justice Keiuwa, who also served at East African Court of Justice as president, told the court on Monday he was aware how sensitive his case was, and sought assurance from the judges that they were comfortable handling it.

Member of a tribunal

This, he said, was because Justice Okwengu was a member of a tribunal that recommended Justice Vitalis Juma’s sacking, while Justice Kariuki

served in a committee that investigated the Judiciary’s integrity.

Through his advocate Stephen Mwenesi, the judge said the report by a committee in which Justice Kariuki was a member has not been publicised the way a report that saw a number of judges suspended was.

"The judge is seeking an assurance that having subscribed to the judicial oath, you will discharge your duty without fear or favour," he said.

The court heard that the CJ has not filed any response to allegations made by the suspended judge in the case.

"The CJ raised the issue of the court’s jurisdiction to hear the case yet he has not filed any replying affidavit," Mr Mwenesi said.

He said the court has the jurisdiction to hear and determine the case and nobody can stop it from exercising its powers.

"Let no one try to convince you that you have no jurisdiction. No one means no one," he told the court.

Suspended In 2003

Keiuwa was among 23 judges suspended in 2003 in the so-called ‘radical surgery’ of the Judiciary. Scores of magistrates were also sent home.

President Kibaki then appointed a tribunal chaired by retired Court of Appeal Judge Akilano Akiwumi, to

investigate him.

The tribunal was later stopped by the High Court from proceeding with the investigation until the suit was determined.