Sacked judge loses job appeal

Three judges on Monday rejected a bid to reinstate one of their own sacked two years ago.

Justices Kalpana Rawal, Martha Koome and Fred Ochieng’ said the High Court lacked the power to revoke the removal of Mr Justice Joseph Vitalis Juma from the Judiciary once President Kibaki made the decision.

But they agreed with him that he was unfairly treated after his suspension and should therefore be paid his salary. They said it was also unfair for the State to seize his vehicle, kick him out of his official residence and withdraw his security.

Discriminated against

“Therefore, the petitioner should have been provided with his salary, security and vehicle during the period he was under investigation, just as happened to all other judges. To the extent that he was deprived of any of these, we find that he was discriminated against, in an unfair and unacceptable manner,” ruled the judges.

They said the judge was challenging his sacking as an afterthought since he did not question the legality of the tribunal before it commenced its proceedings.

They said Mr Justice Juma did seek a stay of the tribunal’s findings but waited 10 months after his removal to institute the proceedings.

Mr Justice Juma was among 23 judges suspended on October 15, 2003, in purge on the Judiciary. He opted to face the tribunal appointed to investigate his conduct, and which recommended his removal.

Mr Justice Juma said he opted to see the nature and status of the evidence instead of challenging the legality of the tribunal.

He also said he wanted to weigh the validity and propriety of the evidence against him.

But the judges said: “However, he appears to have accepted the ruling made by the tribunal, and to thereafter, have subjected himself to the proceedings of the tribunal, without further legal challenge.”

They said Mr Justice Juma cross-examined witnesses and thereafter gave his own defence.

In his petition, the judge accused the tribunal of coming up with allegations against him after it was formed instead of acting on allegation contained in the Justice Aaron Ringera’s committee.

He claimed he was not given a list of allegations against him until after one year. He also questioned why Chief Justice Evan Gicheru did not testify as he had requested.

The court also dismissed his call for compensation saying the judges who sat on the tribunal cannot be asked to pay because they were carrying out their judicial duty.

“Finally, because the petitioner has sought to shut the stable door after the horse had bolted, we are not able to order that he be reinstated… in this instance, the tribunal recommended that the petitioner be removed from office. The President has acted upon that recommendation, and removed the petitioner from office,” the judges said.

His lawyer, Mr Stephen Mwenesi, sought permission to appeal the verdict.