Kenya: Vetting board rules on fate of judges

By NATION REPORTER

The Judges and Magistrates Vetting Board on Friday ruled on the fate of 28 High Court judges with most declared fit to serve in the Judiciary.

However, Judges Mary Ang'awa, Nicholas Ombija, Joseph Sergon, Leonard Njagi and Murugi Mugo were declared unfit to continue serving in the Judiciary.

In November, Parliament amended law on vetting of judges and magistrates to block courts from hearing cases of individuals found unfit to serve in judiciary. 

Led by members of the Constitution Implementation Oversight Committee, the lawmakers amended the Vetting of Judges and Magistrates Act 2011 to provide that the vetting board will have the last word on the scrutiny.

The changes also provide that the removal from office of any judicial officer under the Act “shall not be subject to question in, or review, by any court.”

Justice Minister Eugene Wamalwa described as an oversight, exclusion of that clause when the law was passed.

The MPs also fixed December 31, 2013 as the last date by which all judges and magistrates should have been vetted.

The Act had initially provided that vetting should end by February 28, 2013.

They also empowered the board to co-opt members of the Judicial Service Commission, if necessary, to expedite its work

A bench of five High Court judges in October ruled that they could hear the petitions by High Court judge Jeanne Gacheche and Court of Appeal judges Riaga Omolo, Samuel Bosire, Emmanuel O’Kubasu and David Nyamu.

This was despite the transitional provisions of the new Constitution, which state that decisions of the vetting board “shall not be subject to question in, or review by, any court.”

Source: Daily Nation (21/20/2012): http://www.nation.co.ke/News/-/1056/1648928/-/x8wukbz/-/index.html