KENYA: Vetting Board to appeal ruling at Supreme Court

Judges and Magistrates Vetting Board on Wednesday said they will appeal directly to Supreme Court on ruling by High Court that bars sacking of judges found unfit to serve the judiciary. Read (LSK fury as courts bar judges' sacking)

The Board said they were disappointed with the High Court ruling that stopped degazettement of five judges.

On Tuesday, a unanimous decision by a five judge bench by a five judge bench comprising of Jonathan Havelock, Eric Ogolla, Pauline Nyamweya, Alfred Mabeya and Joseph Mutava, they ruled that the president should not degazette Justices Riaga Omollo, Samuel Bosire, Joseph Nyamu and Emmanuel O’Kubasu as judges of the Court of Appeal until their petitions challenging the findings on their suitability are heard and determined.

“Regarding Judges whose vetting process has already been determined, we recognise that they would suffer irreparable loss and damage should their degazettement as judges be effected before the suits are heard and determined. We therefore order that the affected judges shall not be de-gazetted until the cases are finalized,” ruled the judges.

High Court also noted that it has jurisdiction over the operations of the Board.

Source: Daily Nation (31/10/2012): http://www.nation.co.ke/News/Vetting+Board+to+appeal+ruling+at+Supreme+Court/-/1056/1607746/-/6o8a9l/-/index.html