President Kenyatta suspends 6 JSC members, forms tribunal to investigate them

Chief Justice Willy Mutunga flanked by members of the Judicial Service Commission at a past press briefing. JSC announced six vacancies for the post of chief magistrates and another 50 positions for senior resident magistrate last Friday. PHOTO | FILE |

What you need to know:

  • In a special issue Gazette notice on Friday, President Kenyatta named Retired Justice Aaron Ringera as chairperson of the tribunal
  • According to the notice, the mandate of the tribunal shall be to investigate the alleged conduct of the members

President Uhuru Kenyatta has suspended six members of the Judicial Service Commission with immediate effect and named a tribunal to investigate their conduct.

In a special issue Gazette notice on Friday, President Kenyatta named Retired Justice Aaron Ringera as chairperson of the tribunal with Jennifer Shamallah, Ambrose Weda and Mutua Kilaka as members. The tribunal is set to investigate the conduct of Ahmednasir Abdullahi, Rev. Samuel Kobia, Prof, Christine Mango, Justice Mohamed Warsame, Emily Ominde and Florence Mwangangi.

According to the notice, the mandate of the tribunal shall be to investigate the alleged conduct of the members and determine whether it discloses grounds for removal of any or all of them, and to report on the facts and make recommendations to the President.

Pending the report of the tribunal, the members of the JSC named in the notice "stand suspended from exercising the functions of their office with immediate effect".

PETITION FROM PARLIAMENT

On November 14, the National Assembly forwarded a petition to President Kenyatta requesting the suspension and formation of a tribunal to investigate the conduct of six Judicial Service Commissioners.

In a statement sent to newsrooms on Friday evening by the Presidential Strategic Communications Unit, President Kenyatta said that Article 251(4) (b) of the Constitution mandated him to form a tribunal and there was "no room for discretion".

"The allegations of financial interference and obstruction of justice are serious in nature and therefore require investigations by an independent and impartial tribunal," read the statement in part.

The statement also said the President met with Chief Justice Willy Mutunga and Speaker of the National Assembly Justin Muturi and was "happy to state that the three arms of government are working in harmony within the confines of the Constitution".

The President in his statement assured Kenyans that "an investigation into the Commission will in no way interfere with the independent operations of the Judiciary", adding that "no Kenyan will be turned away (from a courtroom) as a result of today's action".