Mombasa lawyers seek removal of CJ Mutunga over alleged marginalisation

Lawyers in Mombasa will from Monday next week start collecting signatures in support of a petition seeking the removal from office of Chief Justice Willy Mutunga.

This petition is as a result of alleged marginalisation in posting additional judges and magistrates to the Mombasa Law Courts.

According to the lawyers, the petition to be presented to the Parliamentary Committee on the Administration of Justice, will also seek the dissolution of the Judicial Service Commission.

Mombasa branch chairman of the Law Society of Kenya, Eric Nyongesa, said on the same day the lawyers will hand over all pro bono cases (done free of charge) back to the registry until more judges are posted to the station.

Mr Nyongesa said the collection of signatures from lawyers and members of the public will last for a week and that during the period they (lawyers) will be wearing green ribbons as a sign of peace.

He said that should Parliament fail to address their issues adequately, they will file a constitutional petition at the High Court seeking the removal of Dr Mutunga.

HOLD SIT-INS AT SUPREME COURT

Mr Nyongesa added that should all their options fail, they will lead demonstration to the Supreme Court and they will hold sit-ins until their concerns are addressed.

“For the last three weeks we expected the CJ would have communicated to us. His actions amount to impunity,” said Mr Nyongesa wondering why they have to agitate for positions under his tenure.

Mr Nyongesa who was accompanied by his colleagues during the news conference said they had hope in Dr Mutunga but he has failed in his administration and done worse than his predecessors.

“We have reached the rock bottom. Residents of this county must have their way,” said Mr Nyongesa.

The lawyers also criticised the establishment of new High Court stations across the country saying some areas did not deserve them.

The lawyers wondered why experienced judges are being posted to remote areas saying they will be ‘idle’.

“You do not open up marginalised areas in a haphazard manner. What the CJ is doing is engaging in a populist action,” said Mr Nyongesa.

He also criticised the moved by the Judiciary to dispense old cases through its Justice @ Last initiative saying most judges have been posted with a brief to dismiss the cases.

Three weeks ago, the lawyers had issued a 14-day ultimatum to the CJ to post additional judges and magistrates to the station.

They said that Mombasa being the second largest station in the country has continued to be marginalised by the judiciary.

The lawyers wanted Dr Mutunga and the Judicial Service Commission to deploy four High Court judges, 10 magistrates and 30 subordinate staff to the station.