Jubilee legislators plan ‘all-out’ war on Judiciary

Kikuyu MP Kimani Ichung’wa. The legislator has said Jubilee will use its numbers in parliament 'to deal with a problem' in the Judiciary. PHOTO | EVANS HABIL | NATION MEDIA GROUP

What you need to know:

  • Kikuyu MP Kimani Ichung’wa confirmed that Jubilee MPs will use their parliamentary majority in the coming months to “deal with a problem” in the Judiciary

  • He accused “cartels” within the Judiciary of influencing how JSC appoints and promotes judges and magistrates.

  • But in an interview with Nation, Judiciary Chief Registrar Anne Amadi laughed off the claims that JSC was held captive by non-state actors.

Jubilee MPs are planning to use Parliament to launch an all out war on the Judiciary, Nation has learnt.

The proposed petition will be an improved version of the one which was lodged before the Judicial Service Commission (JSC) by Nyeri Town MP Ngunjiri Wambugu last week seeking the removal of Chief Justice David Maraga over his handling of the petition which nullified the August 8 presidential election.

Kikuyu MP Kimani Ichung’wa confirmed that Jubilee MPs will use their parliamentary majority in the coming months to “deal with a problem” in the Judiciary.

“We are aware that the civil society have fronted their own people inside Judiciary especially researchers who they are using to manipulate how judgments are made.  We even know how the current judgment of the presidential petition is being written,” he said.

CARTELS

He accused “cartels” within the Judiciary of influencing how JSC appoints and promotes judges and magistrates.

At the centre of the proposed petition are claims that the JSC was a captive of some non-governmental organisations working with cartels within the Judiciary to influence rulings. The NGOs, the proposed petition alleges, fund several JSC programmes.

But in an interview with Sunday Nation, Judiciary Chief Registrar Anne Amadi laughed off the claims that JSC was held captive by non-state actors.

 “They are just donors, they fund Judiciary and everybody else, and there is nothing wrong with that. It is ridiculous to claim that judges are influenced by the donors,” she said.

Among the NGOs targeted in the planned anti-JSC onslaught is the International Development Law Organisation (IDLO). The petition accuse IDLO of paying researchers attached to the Supreme Court.

CONDEMNED

But speaking in Kisii on Saturday, lawyers from the South West Kenya Law Society of Kenya (LSK) branch condemned the attacks on the Judiciary and Mr Maraga by the executive wing.

The branch Chairman Dennis Nyatundo criticised the petition by Mr Wambugu - which has since been withdrawn - questioning why it singled out only Justice Maraga out of the four judges who supported the decision to have the presidential election nullified.

“We all know that Justice Maraga was not acting alone when he made the court ruling and we are forced to comment on this issue because we think this is part of the intimidation targeting judicial officers,” he said.

He said the Supreme Court’s decision nullifying the August 8 presidential election was just one of the many rulings that had restored confidence in the Judiciary among Kenyans.

“We are not going to support a system where if a friend loses a court case, you rush to court demanding for the removal of the judge presiding over the case,” he said.

Stories by Wanjohi Githae, Elgar Machuka and Magati Obebo