CJ, Appeal Court judges clash
Chief Justice Willy Mutunga at a past function. Dr Mutunga has clashed with Appeal Court judges over elections for the division’s president. Photo/FILE
What you need to know:
- Chief Justice Willy Mutunga last month reorganised operations in the Court of Appeal by opening permanent appellate courts in Kisumu, Nyeri and Mombasa.
Nairobi will retain 16 of the court’s 27 judges. - The new stations start operating on March 1.
A standoff between Chief Justice Willy Mutunga and Court of Appeal judges threatens to derail the election of the head of Kenya’s second highest court.
The 27 appellate judges are up in arms over what they say is interference by the CJ in the election of their president.
A source close to the Judiciary said the election scheduled for next Monday was likely to be postponed to Friday to enable the judges’ to iron out their differences with Dr Mutunga.
The dispute arose when the CJ wrote to the judges detailing guidelines they were to follow in the election.
This did not go down well with the judges, who felt the CJ was interfering with the Court of Appeal’s independence.
“The Constitution is very clear; it says judges shall make their choice independently without interference from any quarter,” the source said.
Article 164 of the Constitution says the president of the Court of Appeal shall be elected by the judges of the court from among themselves.
Another proposal which annoyed the judges was that the CJ would help determine who becomes the court’s president should there be a tie.
Read part of the letter: “I submitted draft election rules in my capacity as head of the Judiciary. I sent them to acting president of the Court of Appeal (CA). I also made it clear to the acting CA and the Chief Registrar of the Judiciary (CRJ) will deal with the issue of the returning officer. If my instructions are to be disobeyed, I at least expect my colleagues to let me know. As a matter of courtesy and decorum I thought after discussing the draft rules I would have feedback before the rules are confirmed. It seems the participation of the CJ in this task is totally ignored.
“Suppose I imposed the rules, would the judges of that court not be accusing me of imposing the rules on them? What gives the same judges the right to impose rules upon the Head of the Judiciary?”
According to the source, the judges replied to the letter, insisting they would not allow interference from the office of the CJ.
The office of the CJ is said to have written back, accusing the judges of trying to sabotage him.
However, the CJ’s office appears to have later softened its stance and called for a meeting on Monday, with a source saying the judges might agree to hold the election on that day.
Mr Justice Erastus Githinji has been acting as Court of Appeal president after Mr Justice Riaga Omollo was found unsuitable to continue serving by the Judges and Magistrates Vetting Board.
The appellate judges were scheduled to elect their president before some of them move to new bases following the decentralisation of the Court of Appeal to Kisumu, Nyeri and Mombasa.
