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10 lose case to sue Mutunga

By WILFRED AYAGA | January 31st 2014


Ten former Judiciary officials have lost their bid to sue Chief Justice Willy Mutunga over allegations of discrimination, harassment and unfair punitive measures.

The High Court yesterday declined to grant orders in which the 10 had sought to enjoin the CJ as a respondent in a case in which they have also named the Judicial Service Commission (JSC) as a respondent.

They have contested their redeployment and accused the CJ and the JSC of forcing them to take salary cuts on claims they were unqualified for their jobs.

Justice Linet Ndolo said the petitioners had erred in naming the CJ as a respondent in the case as he could not take personal responsibility for actions performed in his capacity as the chairman of the JSC.

“Whatever wrong may be assignable to the Chief Justice would be in his capacity as chairperson of the Commission and any such wrong would be well addressed by a claim against the JSC,” the judge said.

They had told the court that the CJ should be held personally liable, as he had approved their recruitment as members of the judiciary without reference to the JSC.



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