Lawyer Apollo Mboya addressing court over an alleged controversial sacking of judges on Monday May 23 2016 at Milimani Law Courts.
BY SAM ALFAN.
Former LSK secretary general lawyer Apollo Mboya has filed a suit challenging the Judicial Service Commission decision to sack judges.
The lawyer argues that when firing the judges, JSC is acting at the behest of impunity as there is a set procedure to remove alleged Rogue judges.
Mr Mboya says that JSC is admonishing judges.
In the suit filed at the High Court, he says that the commission has delayed to forward petitions to the President to appoint tribunals to determine allegations against some judges.
He told Justice Joseph Onguto, that JSC had purported to terminate services of some judges which action is contrary to law.
“JSC commissioners have no power under the constitution to admonish a judge of a superior court” he said.
The public, he told the court, is in limbo as to whether the concerned judges who are state officers and whose conduct has been determined as unbecoming and amounts to misconduct should remain in office.
He questioned why some Supreme Court judges have been asked to leave the judiciary without sending a petition to the President to set up a tribunal to determine their grievance.
JSC is chaired by Chief Justice Dr Willy Mutunga, Supreme court judges, Smokin Wanjala, Mohammed Warsame, court of appeal judge Aggrey Muchelule, lawyer Prof Tom Ojienda, Emilly Ominde, Prof Margaret Kobia, Kingetich Korir Bett and Winfried Waceke as commissioners.
The court certified the application urgent and directed that the matter be heard interparties on June 7.