Lawyer Nelson Havi for lawyer Michael Osundwawho is challenging its legality of Chief Justice Dr willy Mutunga’s decision transferring 105 judges.
BY NT CORRESPONDENT.
Chief Justice Dr willy Mutunga’s decision transferring 105 judges is now shrouded by controversy following a move by a lawyer challenging its legality.
The decision was unlawful and unconstitutional, Michael Osundwa says, adding that it showed lack of concern for public interest, honesty and proper motive.
Lawyer Osundwa stated that other judicial officers due for transfer had not been moved in the shakeup neither can the affected judges continue hearing pending cases and applications.
The lawyer further said that CJ Dr Mutunga only acted under the directions of lawyer Ahmednassir Abdullahi. He argued that Abdullahi influenced the subsequently appointment of other judges in the courts they served.
“There is a widely held public view and perception that the CJ is beholden to Ahmednassir, to whom he owes his appointment, and acts under his directions,” he said.
In changes announced by Mutunga on April 19, Justice Mumbi Ngugi was moved from Milimani to Kericho.
She was one of several top performing judges affected by the transfers.
Judge Ngugi made several landmark rulings while at the Constitutional and Human Rights Division of the High Court in Milimani.
Justice Ngugi latest ruling declared section 29 mostly used by police to charge people for use of communications gadget as illegal.
He therefore wants the decision the CJ reversed.