Vetting hurried to deny me justice, claims sacked judge

An ex-judge has accused the Judges and Magistrates Vetting Board of thwarting her bid to access justice.

The former High Court judge, who was sacked recently, argued that the board was not fit to declare her as unsuitable to hold office.

In a sworn affidavit filed in the High Court in which she has applied for a review of the board’s decision, Lady Justice Jeanne Gacheche alleged that her vetting was carried out hurriedly.

“I believe this speed was in bad faith, unfair, irrational, mischievous, and calculated to thwart my attempts to access justice,” she said.

She further accused the board of “intellectual dishonesty” by failing to acknowledge that she had questioned its jurisdiction after the expiry of its tenure on May 23.

The former judge also accused board chairman Sharad Rao of corruption when he served as deputy public prosecutor.

The former Kericho resident judge cited a book written by former Chief Justice Majid Cocker: “The doings, Non-Doings and the Mis-Doings of the Kenya Chief Justices 1963-1998”, as proof of her allegations.

“I believe that the Deputy Public Prosecutor being referred to on pages 80-81 and said to have introduced corruption in the Judiciary is the same Mr Sharad Rao now chairing the board,” she said.

She further accused the board of hijacking a court file following the decision by Mr Justice Alfred Mabeya that her petition challenging the board’s jurisdiction had raised “serious questions of constitutional and statutory law.

The former judge alleged that the vetting was not done in accordance with Article 74 of the Constitution.

The hearing of the review will continue next moth.