Court dismisses case against judges' transfer

Chief Justice Willy Mutunga. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Justice Odunga upheld arguments of the Judicial Service Commission (JSC), which strongly defended the powers of Dr Mutunga to send judges to new stations.
  • Mr Osundwa had sued Dr Mutunga and JSC.
  • According to the Chief Justice, the transfers became necessary after the creation of the Environment and Land Court as well as the Employment and Labour Relations Court across the country.

The High Court has dismissed a case in which a city lawyer was challenging the transfer of 150 judges.

Justice George Odunga ruled that the case lacked merit and he could not allow the transfer to be stopped.

The lawyer, Michael Osundwa, had argued that the transfer would lead to delays in hearing and determining cases at the Milimani High Court.

However, the judge said Chief Justice Willy Mutunga had the powers to send the judges to new postings.

Justice Odunga upheld the arguments of the Judicial Service Commission (JSC), which strongly defended the powers of Dr Mutunga to send judges to new stations.

Mr Osundwa had sued Dr Mutunga and the JSC.

According to the Chief Justice, the transfers became necessary after the creation of the Environment and Land Court as well as the Employment and Labour Relations Court across the country.

As a result of the ruling, the affected judges will move to their new postings next week.