Mutunga denies meddling in judges vetting board’s work

Chief Justice Willy Mutunga has denied interfering with the operations of the Judges and Magistrates Vetting Board. Read (LSK: CJ Mutunga meddling with vetting of judges)

Dr Mutunga’s defence came as the Law Society of Kenya (LSK) insisted it will not back down in its efforts to stop the board from being muffled.

Dr Mutunga said his letter dated September 4 to Mr Justice Mohamed Ibrahim, who was recommended for removal by the board, does not amount to interference.

In response to complaints by LSK, led by chairman Eric Mutua, Dr Mutunga said he wrote to Mr Justice Ibrahim in acknowledgment of his earlier letter informing him of completion of his pending judgments and rulings.

The CJ said he had granted Mr Justice Ibrahim three months’ leave from June to complete the pending rulings and judgments.

“The proper place to challenge the legality or otherwise of all judgments and rulings is in the courts,” Dr Mutunga said.

He said he convened a stakeholders’ meeting to discuss concerns about the speed of the vetting of judges and magistrates as well as the transfer of responsibility to vet magistrates from the JMVB to the Judicial Service Commission (JSC).

“The LSK was not only part of the discussions but was represented on the team chosen to draft amendments to restore vetting of magistrates to the JMVB. Amendments to the law are usually channelled through the Attorney-General, who then presents them to Parliament for debate, adoption or amendment,” the CJ said.

On receiving communication from the JMVB on the unsuitability of judges on August 20, the CJ said he immediately wrote to the President requesting him to accept and gazette their retirement.

He said the Constitution provides the right to challenge actions and organisations in court.

The CJ further told the LSK to respect and protect the rights of the judges found unsuitable to serve before the President gazettes their retirement.

“Equally, LSK has a public duty to safeguard the integrity of the vetting process. LSK has important statutory responsibilities. It is expected to assist the government in all matters affecting legislation, to protect and assist the public in all matters touching on the law and provide counsel,” Dr Mutunga said.

He said LSK cannot afford to be captured by retrogressive forces that seek to undermine the purposes of the law and the Constitution.

But Mr Mutua said LSK’s main concern is Mr Justice Ibrahim’s continued stay in office.

“Once you are deemed unsuitable, you are deemed to be removed from the Judiciary, unless your application for appeal succeeds,” Mr Mutua said.

Mr Mutua questioned why the JSC and the CJ gave Mr Justice Ibrahim time to continue writing judgments and rulings.

He said any decision after JMVB’s August 20 decision on Mr Justice Ibrahim is null and void “because as it stands he was no longer a judge”.

Mr Mutua said the timing of the CJ’s decision to give Mr Justice Ibrahim leave to complete his judgments and rulings at a time when his matter was coming up for review at JMVB was wrong.