LSK told to respect board’s ruling on reinstated judges

Chief Justice Willy Mutunga has urged Kenyans to respect the magistrates vetting board’s decision to reinstate two judges.

Dr Mutunga said opposing the verdict now could easily erode public confidence in the Judiciary.

He said this was especially risky as the Judiciary was expected to handle electoral disputes arising from the March 4 General Election. A team is already in place to handle the cases.

Speaking at the Parklands Sports Club in Nairobi on Wednesday, where he presided over a ceremony to donate wheelchairs to disabled people, the CJ said that the Judges and Magistrates Vetting Board was constitutionally mandated to determine the fitness of all judicial officers.

The Law Society of Kenya (LSK) had voiced its dissatisfaction with the board’s decision on Tuesday to reinstate Mr Justice Mohamed Ibrahim of the Supreme Court and Lady Justice Roselyn Nambuye of the Court of Appeal.

The two had been found unfit to serve in the Judiciary six months ago owing to the many cases pending before their courts.

Addressing the media, LSK chairman Eric Mutua said the board’s decision smacked of interference from politicians, who had threatened to disband it.

“They (vetting board) have let down Kenyans. Nothing can change for delaying judgment for eight years,” said Mr Mutua, adding that the decision showed that the Judiciary “is not independent or has been compromised.”

Dr Mutunga, however, welcomed the board’s decision, saying he would respect its verdict.

“This trend of challenging every decision is setting a very dangerous precedent,” he said in reference to last year’s protests by the lawyers following the board’s decision to review its decision to sack Mr Justice Ibrahim.

The LSK accused the CJ of interfering with the board’s independence by allegedly writing to it saying judge Ibrahim had written judgments for most of the cases pending before him. (READ: Judges’ green light to serve sparks uproar)