Sacked magistrate in quest for justice

• CJ accused of contempt after court ordered reinstatement

The Judiciary is caught in yet another controversy as a sacked magistrate prepares to sue the Chief Justice and the Judicial Service Commission for contempt of court.

Former chief magistrate Joyce Manyasi was interdicted in March, 2005, for allegedly taking part in a go-slow by magistrates countrywide to press for improved terms of service. She was then serving in Machakos.

But she denies participating in the strike.

While she was waiting for the interdiction to be lifted, her employer, the Judicial Service Commission, retired her on “grounds of public interest”.

Now, she intends to sue Chief Justice Evan Gicheru in his capacity as chairman of the commission.

In November last year, the High Court ordered the commission to reinstate Ms Manyasi, but instead of complying with the order, Mr Justice Gicheru brought fresh charges of alleged misconduct dating back to 1993.

“We shall institute a contempt suit unless the Chief Justice withdraws the allegations, which, as far as we are concerned, had been set aside by the High Court,” her lawyer, Mr Georgiadis Khaseke of Mohamed Muigai Advocates, said.

He said as far as his client was concerned, there was no pending case against her.

The CJ’s action to disregard the court order, he said, was casting aspersions on the sanctity of the court orders, which he is supposed to defend.

“What happens when defenders of justice turn around and disregard the very principles they claim to uphold?” he asked.

When contacted, High Court registrar Lydia Achode insisted the former chief magistrate has to respond to the fresh charges and face another round of disciplinary action.

Terminal dues

Civil service regulations also prevent the former magistrate from resigning or accessing her terminal dues until her disciplinary case is concluded, added Ms Achode.

But the registrar denied that Mrs Manyasi had been sacked.

She insisted that the commission suspended her for failing to comply with the terms of the interdiction, which required her to report to her superiors periodically.