Four judges fighting to keep jobs, want to serve terms

By JUDY OGUTU

Four Industrial Court judges are putting up a fight to retain their jobs.

Judges Charles Chemmuttut, Paul Kosgei, Steward Madzayo, and Edwin Mukunya have filed an urgent case at the High Court.

Through lawyer Kibe Mungai, they want the High Court to issue a conservatory injunction restraining Labour PS from terminating their appointment or in any other way varying their remuneration, terms of service, lawful obligations as well as rights and privileges as judges.

They also want the court to issue a conservatory injunction restraining the Attorney General, Labour PS, Judicial Service Commission (JSC) and Public Service Commission (PSC) from taking over their offices or withdrawing the entitlements they enjoy as judges of the Industrial Court.

They say they are apprehensive that in the wake of appointment and swearing in of new Industrial Court judges, the respondents are likely to terminate their appointment as judges.

It is their argument that Section 32 (2) of the Industrial Court Act says they are duly appointed judges of the Industrial Court for the remainder of their respective terms.

“None of the respondents have notified the applicants why they cannot serve their terms as judges in accordance with Section 32 (2) of the Act,” Mungai argues.

Termination of their appointment as judges, they argue, will be a gross abuse of court process and their rights.

The four petitioners say they have been serving as judges of the Industrial Court for a period ranging from six to 24 years.

It is their contention that soon after promulgation of the new Constitution, Parliament enacted the Industrial Court Act and Section 32 of the law provides that all judges then in service continue serving as judges.

The judges are concerned the respondents are determined to terminate their tenure of office under the guise of the operation of the law.

They argue that following the enactment of the Labour Institutions Act they were all issued with letters of appointment on permanent terms.