BY SAM ALFAN.
The Judiciary on Friday announced the suspension of all Court of Appeal sittings outside Nairobi due to lack of enough judge.
The President of the Court of appeal Justice William Ouko said the Judges in Mombasa and Kisumu will relocate to Nairobi with effect from January 13,2020.
In the statement Justice Ouko said it has been decided that, as long as the situation with regard to the number of Judges in the Court of Appeal remains, the sittings of the Court outside Nairobi will remain suspended.
He added that the affected court stations, including Nyeri will be served from Nairobi through circuit sessions conducted once a month to each station.
“This decision is highly regrettable but beyond our control,” said Ouko.
The country has only 12 Judges in the Court of Appeal who sit full-time and out of the 12 Judges three are serving in Mombasa and three in Kisumu, until the passing on of Justice Odek, were serving at Kisumu.
“With this distribution, the Court at Nairobi with nearly 3,000 appeals and applications can only mount two benches, a far cry from internationally accepted ratio”, added the judge.
He said in the month of April, 2019, the sittings at the Nyeri Court of Appeal were suspended indefinitely, again as a result of shortage of Judges.
A city lawyer has since filed a case seeking to have President Uhuru Kenyatta compelled to appoint judges recommended for various posts in the recent recruitment.
Lawyer Adrian Kamotho Njenga, who is challenging delays in the appointment of judges who qualified for promotion, has also sued the Attorney General.Those nominated are Justice Francis Tuiyot, Justice Weldon Korir, Justice Mbogholi Msagha, Justice Aggrey Muchelule, Justice George Odunga, Justice Joel Ngugi, Justice Hellen Omondi, Justice Pauline Nyamweya, Justice Jessie Lessit, Justice Mumbi Ngugi and Kibaya Laibuta.The Judicial Service Commission and Chief Justice David Maraga are listed as interested parties in the case.
The High Court is expected to deliver a judgement on the matter on March 2020.
