Two judges in fresh bid to overturn sackings

Two former Court of Appeal judges have filed fresh petitions to strike out the decision to remove them from the Judiciary.

Judges Riaga Omollo and Samuel Bosire want the vetting board’s declaration that they are unfit to serve in the Judiciary quashed.

The two were removed from the bench in April and their subsequent application for a review of the decision was again dismissed by the Judges and Magistrates Vetting Board.

Integrity test

The vetting board led by Mr Sharad Rao declared that the judges had failed the integrity test and were unsuitable to continue dispensing justice in the country. (READ: JSC under scrutiny as judges kicked out)

In their applications to have the decision quashed, judges Omollo and Bosire argued that the board’s determination that they were not suitable to continue serving in the Judiciary was a breach of their rights.

“The petition raises unprecedented event of removing a judge on the basis of retrogressive evaluation of merits of cases without any evidence of misconduct on the part of the judge being adduced or evaluated,” said lawyer Ochieng Oduol.

Extrajudicial views

He said the board’s verdict was primarily based on imposition of extrajudicial views and ideas on a member of the bench, which was an attack on the independence of the Judiciary.

Mr Justice David Majanja agreed with the judges that the petitions had raised weighty constitutional questions and referred the matter to the Chief Justice to constitute a three-judge bench to hear the application.

He, however, declined to grant the orders to reverse the board’s decision.