Judiciary now at odds with MPs, Executive over JSC probe

By Isaiah Lucheli

Defiance by Parliament and the Executive to obey court orders has pitted the two arms of Government against the Judiciary.

Instances where the Executive and the Legislature have been on a collision course with the Judiciary include the decision by Parliament to ignore a court order that had barred MPs from going ahead with proceedings for the removal of six commissioners of the Judicial Service Commission (JSC).

Earlier, Parliament and the Executive had also been at loggerheads with the Judiciary when High Court judge Nicholas Ombija issued an arrest warrant against Sudan’s President Omar Bashir and Justice Mumbi Ngugi invalidated the appointment of county commissioners.

In the latest development, High Court judge George Odunga had issued orders halting the departmental committee of Justice and Legal Affairs from continuing the process of removing the commissioners until a suit filed by JSC was heard and determined, but the Legislature forwarded the recommendations to President Uhuru Kenyatta.

Acting on the recommendations, Uhuru suspended commissioners Ahmednasir Abdullahi, Rev Dr Samuel Kobia, Justice Mohamed Warsame, Prof Christine Mango, Chief Magistrate Emily Ominde and lawyer Florence Mwangangi and appointed a tribunal headed by Justice (rtd) Aaron Ringera.

In the special gazette notice last Friday, the President appointed reRingera to chair the tribunal expected to investigate allegations of impropriety and attempts to block investigations into the alleged Sh80 million fraud at the Judiciary.

However, even before the tribunal commences duty, the High Court has reversed the President’s decision to suspend the JSC members following an application filed by the commission’s lawyer, Paul Muite.

The decision, which has elicited reactions from many quarters including the public has, however, been lauded by the legal fraternity as the only way the Judiciary would be able to assert itself and regain public confidence.

Law Society of Kenya Chairman Eric Mutua hailed the verdict and said the Judiciary should stand firm in its discharge of duty.

“The two other arms of Government have been handling the Judiciary as if it were inferior. It is time it asserted itself,” said Mutua.

The Commission on Administration of Justice Chairman Otiende Amollo had asked the three arms to seek a negotiated agreement regarding the issue.