Tuesday, May 1, 2012

Bosire fights to keep his job

By PAMELA CHEPKEMEI [email protected]

Court of Appeal judge Samuel Bosire, who was sacked last week, has appealed against the decision.

He has written to the Judges and Magistrates Vetting Board saying that he was dissatisfied with the decision.

The judge, who was declared unfit alongside three colleagues, has listed 16 grounds to support his case. (READ: Shock as top judges sacked from Bench)

In a letter through lawyer James Ochieng Oduol, Justice Bosire says he has been unfairly condemned.

“The honourable Justice of Appeal Samuel Elkana Onderi Bosire submits that he has been unfairly condemned and that the determination of the Judges and Magistrates Vetting Board dated April 25, 2012 should be reviewed,” the judge says.

He accuses the Board of failing to notify him of two complaints within sufficient time as provided for in the Vetting Act.

The complaints are on the manner in which he handled the Goldenberg Commission of Inquiry in 2004 and the alleged condoning of abuses of court martial subjects in 1983. (READ: How ego fight claimed Bosire, Nyamu careers)

The Board decided that Justice Bosire, as the chairman of the Goldenberg Commission, ignored a High Court order to summon retired President Daniel Moi, Prof George Saitoti, Mr Musalia Mudavadi and Mr Nicholas Biwott as witnesses.

Justice Bosire says the board ambushed him with the two complaints towards the end of the interview.

He says he was not notified of the complaint that he acted in defiance of a court order requiring him to summon senior government officials to appear before the inquiry as required by Section 19 (4) of the Vetting Act.

He was also not given enough time on the complaint that he condoned torture of suspects before the court martials in 1983.

The section says the notice to the judicial officer shall include a summary of complaints, if any, against the judge or magistrate.

The alleged defiance of the court order was not contained in the notice of complaints dated March 14 which was served on Justice Bosire.

“The honourable judge was ambushed with the said complaint at the tail-end of the interview and in violation of the mandatory rules of natural justice spelled out in section 19(4) of the Act.

Justice Bosire argues that the Board was oblivious and ignored the fact that the people who had been named in the court order were already parties adversely mentioned in the proceedings.

The other three judges - Riaga Omollo, Joseph Nyamu and Emmanuel O’Kubasu -are yet to seek a review before the Board. The deadline for seeking the review is Thursday.

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