Discussion in 'Kenyan News and Politics' started by simplemind, Apr 25, 2012.
Some judges have been found unsuitable for court of appeal.
Hapa Tanganyika wanateuliwa tuu..kwasababu ni makada
Umeniacha pasipo kuelewa unachoongelea......Nitarudi.
aise nimeipenda sana hii!Kenya wanapiga hatua kubwa kwa jinsi hii.Naona vetting commission imewadisqualify majaji wanne!
Hii ishu ni mojapo ya nguzo muhimu ya katiba mpya waliopitisha majuzi na kwa sasa wanajaribu 'kuipatia meno'.
kwa sasa majaji wote itabidi wapitie mbele ya hii kamati inayofanya vetting process kuhakikisha kua kila
Jaji atakayepanda Mahakamani atakua mtu asiyekua na lawama za ufisadi na uonevu wa wananchi.
Cha kufurahisha ni kwamba hawa jamaa wa hii tume waliandikisha notisi kibao magazateni wakiwaambia wananchi waliokua na
malalamiko wayawasilishe kwa njia ya simu, barua au vyovyote vile. Basi jamaa wakabwaga makabrasha kibao tangia
siku za Moi alipokua Rais. Kwa hilo basi wasingeweza kupona.
Habari ndo hio.
End of an era as top judges sent packing
From left: Judges Emmanuel O'Kubasu, Samuel Bosire, Riaga Omollo and Joseph Nyamu.
By DAVE OPIYO and PETER LEFTIE
Posted Wednesday, April 25 2012 at 22:30
The Judiciary was in shock on Wednesday after four of the country's top appellate judges were removed from the Bench.
President of the Court of Appeal, Mr Justice Riaga Omollo, and Justices Emmanuel O'Kubasu, Samuel Bosire and Joseph Nyamu, were declared unfit to hold office by the Judges and Magistrates Vetting Board.
Justices Omollo, Bosire and O'Kubasu have been on the Bench for more than 30 years, having started their careers as magistrates and working their way up the ladder.
They are first, third and fourth in seniority at the appeal court.
The fourth judge, Mr Justice Nyamu, was a top private sector lawyer before joining the Judiciary as a High Court judge.
He, together with Justices Omollo and Bosire was interviewed for the post of Chief Justice last year. The reasons given for their removal are shocking: ranging from a lack of independence, incompetence, accepting gifts from litigants, lack of professionalism and supporting authoritarianism.
Justice Omollo and Justice Bosire were with the Appeal Court in Kisumu on Wednesday, but did not immediately wish to talk to the media.They have seven days to appeal to the Vetting Board. There were indications that court battles, especially on composition of the board, could be on the way.
Mr Sharad Rao, the chairman of the vetting board, while releasing the results of the vetting process that began on February 23, said their decisions were final and not appealable.
Despite this, Mr Rao said those dissatisfied with the decision had a right to apply for a review of their verdict as outlined under Section 22 of the Vetting of Judges and Magistrate Act, which states that this can be done within seven days.
According to the Act, the board may, however, choose not to grant this request unless the complaints by the judges are based on the discovery of a new and important matter which was not within their knowledge at the time the determination was made.
"And this lack of knowledge on the part of the judge or magistrate should not be due to lack of due diligence; or on some mistake or error apparent on the face of the record," reads the Act.
On Wednesday, Mr Rao said his team had cleared five other senior Judges. They included Justices Onyango Otieno, Erastus Githinji, Alnashir Visram, Philip Waki and Philip Tunoi.
Apart from the five, the other Court of Appeal judges that are yet to be vetted include Justices Kalpana Rawal, Hannah Okwengu, Roselyne Nambuye, Martha Koome, Paul Kihara, Wanjiru Karanja and David Maraga.
They are expected to be vetted when the board interviews High Court judges.
Mr Rao also disclosed that the board would on Thursday and Friday vet Supreme Court judges Jacktone Boma Ojwang and Mohammed Ibrahim.
The decisions of the board, he said, were based on evidence that had been obtained from the public, the Law Society of Kenya and the Judicial Service Commission, who had questioned the suitability of the affected judges to continue holding office.
"We were not carrying out a purge but a vetting process… our objective was not to punish, exonerate or reward a judge, but to help restore public confidence in the Judiciary," said Mr Rao.
"The board was aware that the vetting process was of its own kind…it cannot be equated with impeachment or a disciplinary hearing…we had to function carefully and appropriately within the specific constitutional and statutory parameters," he went on.
According to Mr Rao, Justice Omollo had been accused of authoritarianism while on the Bench, inconsistency, lack of independence as well as partiality.
He said the judge was challenged over a series of decisions he had given in highly publicised political matters, in all of which he appeared to lean in favour of authoritarian repression "rather than open up ways for democratic expression".
End of an era as top judges sent packing *- News*|nation.co.ke
Hata hapa kwetu ya rampant, only waiting to explode
Nchi za wenzetu wapo serious,
lakini hapa kwetu ni aibu tupu.
Baada ya judges vetting ya magistrates wote nchini. Kumbuka moja ya sababu iliyochangia kuwepo vurugu Kenya ni wananchi kutokuwa na imani na mahakama kutenda haki mzozo wa uchaguzi. Chini ya uongozi wa CJ Mutunga Kenya itakuwa na truly independent and impartial judiciary. Tanzania tulie tu.