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Justice Mumbi Ngugi moved to Kericho in changes affecting 105 judges

COUNTIES
By Cyrus Ombati | April 19th 2016
Justice Mumbi Ngugi 

Chief Justice Willy Mutunga has announced transfer and deployment of 105 judges in changes that have seen a High Court Judge posted to each county.

The CJ said the transfers and deployment affected judges of the High Court of Kenya, Employment and Labour Relations Court, and Environment and Land Court and they will take effect from June 2.

Justice Mumbi Ngugi has been moved to Kericho as the presiding judge.

Justice Edward Muriithi replaced Justice Ngugi at the Constitutional and Human Rights Division while the Judicial Review Division has Justice Roselyn Aburili as the new entrant.

Justice Samson Odhiambo Okong'o will head the Land and Environment Division in Nairobi as the presiding judge while Justice James Makau will be the presiding judge at the High Court in Siaya.

The CJ established a High Court in Kiambu and will be headed by Justice Joel Ngugi who has been the head of Judiciary Training Institute. Ngugi was replaced by Justice Otieno Odek.

Justice Weldon Korir was moved to Busia as the presiding judge, Martin Muya (Bomet), Samuel Mukunya and Abida Ali Aroni (Bungoma), George Kimondo, Cecilia Githua and Anthony Ombwayo (Eldoret) and Florence Muchemi and Justus Bwonwong'a (Embu), George Dulu remains in Garissa, Reuben Nyakundi (Kajiado) and Hellen Omondi (Homa Bay).

Justice David Majanja (Kisumu), Lilian Mutende (Kitui) and Asenath Ongeri (Hola/Garsen).

Mutunga said the transfer of Justice Ngugi from the Constitutional and Human Rights Division to Kericho was accessioned after she requested to be moved. He said the transfer is also a promotion to Justice Ngugi for her exemplary work.

"In the spirit she requested the transfer. The transfer is also a promotion for her exemplary work," said the CJ in a tweet.

The CJ was responding to queries on why the judge who was seen to be pro-public was moved. It is not yet clear as to why the judge requested to be moved.

She was Tuesday scheduled to read a judgement in which a blogger has challenged the powers of police to prosecute individuals over claims of misuse of a licensed telecomunication device.

She was to read the judgement in which the constitutionality of Section 29 of the Kenya Information and Communications Act - a law that creates the offense of "misuse of a licensed telecommunication device" is being challenged.

The law makes it an offense to use any licensed telecommunication system such as cell phone or computer to send a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; including sending a message that one knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person. The law also imposes a penalty of a fine not exceeding Sh50,000 or imprisonment for a term not exceeding three months, or to both.

In 2015 seven people were arrested and charged under this provision. Strangely very few of these cases have led to actual prosecution. Usually, a suspect is arrested, detained and unceremoniously released.

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