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Sacked judges go back to court

By Caroline Rwenji | Jan 16th 2015 | 2 min read

Kenya: Judges who lost their jobs after the Judges and Magistrates Vetting Board (JMVB) recommended their sacking have opposed a decision by the Supreme Court to terminate their petitions.

The judges maintain the decision by the Supreme Court, which stated that the resolution by JMVB was final, does not affect them as they were not parties in the suit.

The judges seeking reinstatement are Samuel Bosire, Joseph Nyamu, Riaga Omollo and Jean Gacheche.

Others include Muga Apondi, Emmanuel O'Kubasu and Mary Angawa.

Through lawyers Stephen Mwenesi, Ochieng Oduol and John Khaminwa, the judges now say the decision by the Supreme Court does not bind them.

Mwenesi asked the court to adjourn the matter to give the parties time so that they can have ample time to respond to several matters raised by the Supreme Court.

The matter, he told a five-judge bench, should be given more time to allow the incorporation of all the judges involved.

The lawyer further stated the decision by the highest court in the land was not in line with the Constitution.

The bench consisting of Justices Isaac Lenaola, Mumbi Ngugi, George Odunga, Pauline Nyamweya and William Musyoka stated they would look at the impact of the decision by the Supreme Court on the proceedings before the High Court.

The matter was adjourned and a hearing date set for January 22 when the parties are expected to make their submissions.

The Law Society of Kenya (LSK) went to the Supreme Court and argued that the JMVB decision should be final and should not be challenged as stated in the Constitution. LSK further stated the courts lack the jurisdiction to overturn the decision by the vetting body.


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