JSC looks to quell post Shollei storm
24 December 2013, 12:38
Nairobi - The Chief Justice will decide on a bench of judges to hear and determine
a new suit seeking to stop the Judicial Service Commission JSC from recruiting new
officers whose predecessors have been sacked on allegations of fraud.
Court judge Mumbi Ngugi directed Monday that the application filed by Mr
Daniel Kipkosgey be looked at by CJ Willy Mutunga with the JSC opposing the suit on grounds that it is similar to an earlier case filed by former Chief Registrar Gladys Boss
Justice Ngugi acknowledged the similarities and declined to grant the
request and instead forwarded the matter to the Chief Justice.
case raises the same issues and the order sought will be a roundabout way of
granting an earlier ruling and dismissal by another High court judge, I place
the matter before the Chief Justice to determine the bench to hear the case
like before,” Justice Ngugi said.
maintained the case should be dismissed saying it is a way of indirectly
reviving Ms Shollei case through the back door.
to JSC’s lawyer Paul Muite, court has no time to sit again on matters which
have already been finalized.
lacks the jurisdiction to hear and determine this matter and this is a way of
obtaining orders through the back door for the application by the former Chief
Registrar seeking similar orders having been dismissed on November 22,” said
JSC lawyer Paul Muite.
Mr Kipkosgey’s lawyer told the court that the petitioner is an independent person
who has never had a discussion with Ms Gladys Boss Shollei and the two cases
address completely different issues.
Mutua Kimili representing the petitioner said the case Mr Muite was referring
to was between an employee and employer relationship while the new suit seeks
to determine whether JSC commissioners are bound by Chapter 6 of the
constitution to go ahead with the replacements.
Kimili explained that the new suit is wider than the former Chief Registrar’s
office as it seeks to determine whether JSC has powers to make new recruitment
when integrity allegations involving judges and members of the JSC have not
been fully investigated, cleared and audited.
desire to procure from JSC concrete financial audit reports by professionally
competent institutions’ tasked with ascertaining such financial losses as the
office of the Auditor general has the mandate to account of any entity funded
from public funds, report misappropriation and confirm whether or not money has
been lawfully and effectively used before being submitted to parliament for debate,”
Mr Kimili said.
Kipkosgey is seeking a declaration that pending the resolution of the disputes
between JSC and the former Chief Justice, judges as well as other members of
the JSC facing integrity allegations currently, JSC should be stopped to carry
on with the mandate of making recommendations on recruitment of judges,
judiciary’s Chief registrar and other judicial staff as well as their removal
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