JSC, LSK defend Mutunga over transfer of judges

Chief Justice Willy Mutunga (centre) addresses the media outside Supreme Courts building on February 5, 2016 after receiving report from the special Judicial Service Committee on bribery allegations against Justice Philip Tunoi. LSK and JSC have defended the CJ over transfer of 150 judges. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

By  MAUREEN KAKAH

What you need to know:

  • JSC and LSK said Judiciary guidelines give Dr Mutunga the discretion to transfer judges to ensure efficient and fair administration of justice.

  • The commission, through its secretary, Chief Registrar Anne Amadi, said the CJ considered newly created High Court stations with the aim of bringing justice closer to the people.

  • According to the LSK, both the commission and the High Court Organisation and Administration Act say the CJ has powers to transfer judges.

The Judicial Service Commission and the Law Society of Kenya have defended Chief Justice Willy Mutunga’s decision to transfer 150 judges to other stations.

In a suit filed by Mr Michael Osundwa, a city lawyer who is challenging the recent move, the two bodies said Judiciary guidelines give Dr Mutunga the discretion to transfer judges to ensure efficient and fair administration of justice.

The commission, through its secretary, Chief Registrar Anne Amadi, said the CJ considered newly created High Court stations with the aim of bringing justice closer to the people.

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“The mandate to transfer judges lies squarely with the Chief Justice and the president of the Supreme Court. Dr Mutunga is not required to consult or inform the JSC of his decision to transfer judges,” said Ms Amadi.

She also dismissed claims that Dr Mutunga’s appointment was questionable, saying that he got into office through a competitive, rigorous and transparent process that involved the National Assembly’s approval.

Mr Osundwa sued the CJ and the commission, with the Judges and Magistrates Vetting Board and the LSK listed as interested parties.

He had criticised the transfers, saying they would cause a backlog of cases since matters would remain pending until new judges finally report for duty.

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According to the LSK, both the commission and the High Court Organisation and Administration Act say the CJ has powers to transfer judges.

It, therefore, asked the court to dismiss the suit.

Justice Joseph Onguto had certified the case as urgent, while agreeing that Mr Osundwa had raised an arguable case when he moved to court.

The case will be heard on May 25 before Justice George Odunga.

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