You have no powers to supervise Judiciary, judges warn lawmakers

The High Court on Tuesday ordered the National Assembly to stop meddling in the Judiciary’s decisions.

While upholding Judicial Service Commission’s (JSC) independence in a four-hour ruling, judges Richard Mwongo, Helen Omondi, Christine Meoli, Mumbi Ngugi and Hillary Chemitei ruled that JSC was not under the supervision of National Assembly.

And to end what seemed to the supremacy battle between the Judiciary, Parliament and the Executive, the judges recommended the formation of a committee to conduct an oversight role and facilitate amicable resolution of disputes involving the three arms of government.

“We declare that JSC as a constitutional commission is not subject to the control of the National Assembly or any of its departmental committees,” they ruled.

Judge Mwongo said there was a need for Parliament to be innovative in carrying out its oversight role.

“We recommend the establishment of a committee within Parliament dedicated to the oversight role,” he said.

The judges quashed a Gazette Notice on the presidential appointment of Mr Justice Aaron Ringera, Ms Jeniffer Shamallah, Mr Ambrose Weda and Mr Mutua Kilaka as members of a tribunal set up to investigate six suspended judicial commissioners.

While the four were barred from resuming office, an earlier order by judge George Odunga stopping the suspension of JSC members Ahmednasir Abdullahi, Mohammed Warsame, Christine Mango, Florence Mwangangi, Emily Ominde and Samuel Kobia was lifted.

According to Mr Justice Odunga, the suspension of the six judicial officers contravened constitutional provisions.

Despite being served with the order, MPs went ahead to debate and adopted the petition filed by Mr Nicholas Mugambi before sending their recommendation to President Kenyatta to institute a tribunal to investigate the six commissioners.

It is then that JSC moved to court to challenge the suspension of the commissioners and the formation of a tribunal to investigate their conduct.