Court suspends decision to have Justice Leonard Njagi sacked

By Isaiah Lucheli

Nairobi, Kenya: The Judges and Magistrates Vetting Board has received another blow after the High Court issued temporary orders suspending its decision to have a High Court judge sacked.

High Court Judge Mumbi Ngugi restrained the Judicial Service Commission (JSC) from sacking Justice Leonard Njagi who was found unsuitable by the vetting board on grounds that when he was the principal at the Kenya School of Law, he acquired two plots illegally and transferred the same to Rockville Limited.

Justice Mumbi ordered that Njagi continues receiving his full remuneration and all other perks entitled to a judge pending the hearing and determination of a suit he has filed.

Justice Njagi had moved to court seeking to stop the vetting board and JSC from removing him from office, stopping his salary and privileges or doing anything prejudicial until the petition was heard and determined.

Reputation

He is also seeking for compensation from the State over the board’s decision to have him sacked. In his submission, he argued that the board’s decision had dented his reputation and standing in the society and had unlawfully and unconstitutionally interrupted his services as a judge of the High Court.

The judge argued that his vetting was inconsistence with the constitution and was void and asked the court to set aside the decision of the board that found him unsuitable to serve.

The judge is accusing the tribunal of premising its decisions on speculation rather than concrete evidence adduced before it, which had violated his constitutional right to justice.

Justice Njagi who was appointed judge in May 2003 says he had discharged his duties with diligence, determination and commitment.