Judicial officers legally in office, Wako tells court

By Evelyn Kwamboka

Judges and magistrates are legally in office despite the impending vetting, Attorney General Amos Wako has said.

The judicial officers continue enjoying security of tenure since August 27 when the new Constitution was promulgated.

This, the AG said, was because Parliament had not set up any vetting parameters as required by section 23 of the Sixth Schedule.

Wako spoke through State Counsel Kepha Onyiso, in an application seeking to stop a petition against Kamukunji MP Simon Mbugua until judges are vetted.

Validly in office

Mr Mbugua had told the court that from August 27, judges ceased to have independence and security of tenure.

"As long as section 23 remains, judges in office since August 27 cannot, within the meaning of the Constitution itself, be described to be validly in office and have no jurisdiction to perform judicial functions," he told the court.

The Kamukunji MP said through his advocate Kibe Mungai that unless the judges’ independence and security of tenure is resolved, they cannot exercise any jurisdiction.

Mbugua said when judges took an oath on August 27, it was on the premise they were properly in office but Section 23 of the Sixth Schedule contradicted it.

"Section 23 claims you are not proper judges because your integrity is in question," he said.

Section 23 (1) of the Sixth Schedule requires Parliament to enact legislation establishing mechanisms and procedures for vetting the suitability of judges and magistrates.

Mr Ibrahim Ahmed, who filed the petition, wants the application by Mbugua dismissed.