COURT DECLINES TO OPPOSE COMMANDER’S ‘ORDER’ IN TRANSFER ROW.

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Lawyer Okongo Omogeni for Judicial Service commission with lawyer Michael Osundwa who was challenging transfer of 150 judges.

BY THOMAS KARIUKI.

A Nairobi court has declined to issue an order against its boss’ decision to move judges to other stations.

The transfers of High court Judges will therefore take effect on June 2 as scheduled.

This after Justice George Odunga declined to issue orders against Chief Justice Dr Willy Mutunga’s decision agreeing to the argument that stopping the process will deny many Kenyans justice.

“Granting such orders sought would no doubt have the effects of depriving the said new stations of their rights under Article 48 of access to Justice,” ruled judge Odunga.

However the judge declined to strike out the petition but disallowed an application for conservatory orders meant to reverse the re-deployment.

He said the application had not been brought out of public interests and dismissed the same.

“It is my view and I hold that a higher injustice would be occasioned to the public at large if the conservatory orders are granted,” the judge held.

Among the affected stations are Kiambu, Nanyuki, Chuka, Lowdwar, Kapengeruria, Voi and Marsabit.

Lawyer Okongo Omogeni told the high court that, transfer and re-deployment of judges is solely an administrative matter which ought not to be questioned. It is the mandate of the Chief Justice.

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

Mr Omogeni had earlier stated that the petitioner was engaging in a shopping mission for judges.

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, he said adding that it was brought to court just annoy and create attention to the effect that the law has been breached.

Mr Omogeni also 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.

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

 

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