Send more judges or quit, Mutunga told

Residents of Bungoma on Monday held demonstrations demanding the resignation of Chief Justice Willy Mutunga accusing him of failing to post more judges to the station.

Led by human rights activist Martin Wanyonyi, they asked the Chief Justice to send a second judge to the station for the strike that has paralysed operations of the court to be called off.

Lawyers are pressing for a second judge. Pending cases cannot go on because of the strike, which started in November last year.

The protesters, who included lawyers, camped near the court chanting slogans against Dr Mutunga.

Court offices were hurriedly shut and police watched from a distance as the demonstrators waved placards demanding the removal of the CJ for not resolving the strike.

They accused him of failing to act on the strike as the backlog of cases worsens.

“People here also deserve to get justice. They have waited for too long for the CJ to resolve this issue,” Mr Wanyonyi, who is the executive director of Western Kenya Legal Aid said.

The lawyers’ strike, he added was justified after their pleas for an additional judge were ignored.

The country has enough qualified personnel to work as judges, Mr Wanyonyi added.

Retired judge Michael Khamoni was expected at the station but he did not show up.

This is after the Judicial Service Commission (JSC) indicated that a second judge would only be sent to the station after the vetting of judges is completed.

But the vetting has been put on hold by a court after a student challenged the exercise.

Lawyers have however, protested against the decision to wait for the vetting, arguing it may take up to one year to be concluded.

Acting judge

“They can send a retired judge or appoint an advocate in an acting capacity as we wait for the vetting to be concluded.

"We cannot continue like this,” Mr John Makali, the chairman of Law Society of Kenya Bungoma chapter, told journalists after a meeting resident judge Aggrey Muchelule.

Mr Makali said the High Court diary for this year was already full. Even cases certified as urgent have to wait for more than six months to be heard.

The lawyers faulted the CJ’s decision to send additional judges to Mombasa, Machakos and Kakamega, leaving out Bungoma.