LAWYER ASK COURT TO DISMISS ‘SHOPPING MISSION’ CASE.

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Judicial Service Commission Senior Counsel Okongo Omugeni with lawyer Michael Osundwa who is challenging the transfer of judge’s by Chief Justice Dr Willy Mutunga onFriday May 25 2017 at Milimani Law Courts.

BY SAM ALFAN.

The transfer and re-deployment of judges was an administrative matter which ought not to be questioned, a court heard today.

Lawyer Okongo Omogeni said that the complaint by his colleague lawyer Michael Osundwa appears to be a fight between litigants and advocates.

“The CJ acted as provided for under Article 165 of the constitution which gives him power to carry out administrative duties in the judiciary” lawyer Omogeni said.

In the response, Lawyer Omogeni said that the petitioner being an advocate and his case being argued by a colleague lawyer Nelson Havi is not about good litigation but rather a shopping mission for judges who hear pending matters.

Mr Omogeni submitted that the decision by the CJ to transfer judges is his obligation according to powers donated to him by the constitution of Kenya.

The enacted Act of 2015 provides for re-organization of the judiciary and the CJ being the head should ensure all Kenyans get justice wherever they are.

The action was not arbitrary as claimed by the petitioner, he said.

Justice George Odunga heard that the petition was brought to court just annoy and create attention to the effect that the law has been breached.

Mr Omogeni challenged the petitioner to show how the new postings had affected him individually given that other Kenyans need to be served.

In exercising his power, it has not been demonstrated that the constitution of 2010 was contravened, saying  that the court should not be persuaded to issue a conservatory order halting the transfers which have already taken effect.

The petition is about character assassination, for having quoted  senior counsel  Ahmednasir  Abdullahi several times and yet is not a respondent in the case, Mr Omogeni said.

Mr Havi representing the applicant told the court that there’s likelihood of backlog of cases in the commercial division of the high court.

It was his submission that in making the decision the CJ did not consult Law Society of Kenya.

Judge Odunga will deliver a judgement onMay 312016

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