Judges handed lifeline as two sent home

Two senior judges were on Friday reinstated after the vetting board overturned its decision that they were unfit for office.

Mr Justice Mohammed Ibrahim of the Supreme Court and Appeallate judge Roselyn Nambuye will instead be vetted afresh by a special panel of the Judges and Magistrates Vetting Board, said chairman Sharad Rao.

The judges were sent packing in July for delaying rulings for up to eight years. Mr Justice Ibrahim had 264 pending cases while Lady Justice Nambuye was accused of not being up to the task.

The board also cleared Appellate judges David Maraga, Martha Koome and Kalpana Rawal to continue serving.

Mr Justice Maraga was endorsed unanimously while Lady Justice Koome survived after a 4-to-4 split vote on her suitability to sit on the bench. Lady Justice Rawal was cleared with a slim majority of 5-1.

The board however rejected an appeal by Lady Justice Jean Gacheche, making her the fifth judge to be banished from the Judiciary. The others are Justices Riaga Omollo, Emmanuel O’Kubasu, Joseph Nyamu and Samuel Bosire.

High Court judge Joyce Khaminwa was declared unsuitable to serve on medical grounds, the first time such a decision has been made.

Mr Rao said the board had serious doubts as to whether Lady Justice Khaminwa possessed the energy, focus and concentration to do the ‘arduous’ work required of a judge.

A cause list retrieved from the Milimani Courts revealed that, as at February 3, 2010, she had 63 pending rulings and judgements dating as far back as 2006.

Specific complaints were made on judgements that were supposed to be delivered in 2009 but which were read in late 2011. The board noted that the judge had been away from office because of ill health from late 2010 to early 2012.

Slowed down by illness

On Friday, Mr Rao said the judge had apparently been slowed down by illness.

“The board’s conclusion, arrived at after much deliberation and with considerable regret, is that it is time for the judge to call it a day,” said Mr Rao.

“If she has difficulty in finding the strength and composure to manage a single day’s interview, it is not clear how she will be able to conduct proceedings in a busy court, day in day out, week in and week out.

“It is not enough that her spirit be willing; if she is no longer able to perform her work with levels of diligence and competency required for the management of her court, then however commendable her record, and however painful her departure, she has ceased to be suitable to serve.”

Lady Justice Gacheche, the board concluded, had not raised any pertinent matters for her case to be reviewed.

The panel failed to agree on whether Lady Justice Koome should go or not. After a vote was taken, there was a tie of four members voted for and against her stay.

There being no majority, the board agreed she was entitled to continue serving as judge.

The Law Society of Kenya (LSK) declined to comment on the decision to interview Mr Justice Ibrahim and Lady Justice Nambuye afresh.

“Since the two are going to be vetted afresh, we will not comment about the matter as it will be prejudicial to the process,” said Mr Apollo Mboya, the society’s secretary.

However, LSK chairman Eric Mutua claimed there were plans to unprocedurally clear certain individuals in the Judiciary.

Speaking at a news conference in Mombasa, Mr Mutua said LSK would not allow the board or the Judiciary to interfere with the vetting process.

Claims of interferance

“From our members, including Mombasa, it is not true that all decisions pending before Justice Ibrahim have been delivered,” said Mr Mutua.

“In fact, there has been misrepresentation; we have confirmed those decisions have not been delivered. As far as we are concerned, we will not allow the small minority which is bent on trying to interfere with the process in the vetting board or influence decisions.”

Last Sunday, LSK accused Chief Justice Willy Mutunga of attempting to save Mr Justice Ibrahim from the chop, a claim Dr Mutunga however dismissed as unfounded.

Additional reporting by Philip Muyanga