Judges’ vetting board faces opposition

By Judy Ogutu

The judges and magistrate’s vetting board is facing opposition even before it begins work.

A man has filed an urgent case at the High Court seeking a temporary injunction stopping the board from suspending, sending on leave or "doing anything prejudicial to judges and magistrates."

Mr Dennis Mogambi Mang’are is seeking the orders pending hearing and determination of the application. Through his advocate, Mr Evans Ondieki, the petitioner argues that some provisions of the Vetting of Judges and Magistrates Act are null and void because they contravene some articles of the Constitution.

According to him, Section 2 and 3 of the Act is unconstitutional because it cannot confer jurisdiction to remove a judge from office in a manner unknown by the Constitution.

Parallel mechanism

"These sections offend the principle of independence of the Judiciary purporting to have powers to order a judge to proceed on leave and or to suspend him or her pending removal. These provisions offend the spirit, purport and object of the Constitution," he noted. Section 22 (3) of the Act, he further says offends the provisions of Article 168 (8) (9) of the Constitution which allows appeal from the decision of the tribunal.

It is also the petitioner’s case that Section 22 of the Act is illegal, null and void to the extent that it creates a parallel mechanism to try judges and magistrates unknown to the Constitution. He has sued the board, the Attorney General (AG), Minister for Justice and Constitutional Affairs and Judicial Service Commission (JSC).