Kenya Judges and Magistrates Vetting Board

The Judges and Magistrates Vetting Board, is a board established by the Government of Kenya as a result of the Vetting of Judges and Magistrates Act, 2011, which was passed by parliament to create the necessary institutional framework and guidelines for the vetting of Judges and Magistrates

Objectives

The board was set up to vet the suitability of all the Judges and Magistrates, in office prior to the promulgation of the new constitution of Kenya to continue to serving in accordance with the values and principles set out in Article 10 and 159 of the new constitution.

Board Membership

The board membership consists of the following:^[1]

Sharad Rao - Chairman
Roseline Odede - Vice chairperson
Abdirashid Abdullahi
Justus Munyithiya
Prof. Ngotho Wa Kariuki
Meuledi Iseme
Hon.Justice(Rtd.) Barnabas Albert Samatta
Hon. Justice (Rtd.) Joseph A. N. De Silva
Hon.Lady Justice(Rtd. DCJ) A.E.N. Mpagi-Bahigeine
Reuben Chirchir (Secretary/Chief Executive)

Procedure

The board issued regulation that would govern its processes^[2] which indicated that information the Board receives would be confidential and only used for the intended purpose. The vetting was to be done in private.

Determinations

The following are the determinations that the board has made; several of which are still subject to appeal the board and within the courts:

First Determination

On 25 April 2012, the board issued determinations concerning the judges of the court of appeal.^[3] The board found 4 senior judges unsuitable to continue in office and cleared five other judges. ^[4]

The Judges found unsuitable were:

Riaga Omollo - Authoritarianism on the Bench and inconsistency. Failure to show impartiality during the government of former President Daniel arap Moi.
Samuel Bosire - Condoning torture of suspects during 1982 coup trials,ignored a High Court order to summon retired President Daniel Moi, Prof George Saitoti, Mr Musalia Mudavadi and Mr Nicholas Biwott as witnesses ^[5]
Emmanuel O’Kubasu - Accepting “gifts” from litigants
Joseph Nyamu - Lack of professionalism & candour, A stumbling block in the fight against corruption (e.g. issued a permanent stay against prosecution of George Saitoti over the Goldenberg scandal.

The board cleared the following judges:

Onyango Otieno
Erastus Githinji
Alnashir Visram
Philip Waki
Philip Kiptoo Tunoi

Second Determination

On 20 July 2012, the board announced determination on determinations concerning former judges of the high court who are now members of the supreme court and determinations concerning former judges of the high court who are now members of the court of appeal^[6]

Those declared unfit to serve were:^[7]

Mohammed Ibrahim - complaints that he delayed cases brought before him while serving in lower courts.
Roselyne Naliaka Nambuye - delayed judgments for periods ranging from four months to four years

The board cleared the following judges:^[8]

Jackton Ojwang’
Kihara Kariuki
Hannah Okwengu

The board deferred its decision on the conduct of Appellate judges Kalpana Hasmukhrai Rawal, Martha Karambu Koome and David Kenani Maraga who were hearing a case to determine on the date on the elections. The board also upheld its earlier ruling on Court of Appeal judges Riaga Omollo, Emmanuel O’kubasu, Samuel Bosire and Joseph Nyamu.^[9]

Third Determination

The board announced determinations concerning the judges of the high court on 3 August 2012^[10]

Those declared unfit to serve were:^[11]

Jeanne Wanjiku Gacheche - Used judicial powers in an inappropriate manner, Failed to attune judgments to requirements of the new constitution

The board cleared the following judges:^[12]

Jessie Wanjiku Lessit
Wanjiru Karanja
Amraphael Mbogholi Msagha

Fourth Determination

The board's fourth announcement on 21 September 2012 covered both determinations on suitability and requests for review. ^[13]

Those declared unfit to serve were:^[14]

Joyce Nuku Khaminwa - unsuitable on medical grounds.

The board cleared the following judges:

David Kenani Maraga
Martha Karambu Koome
Kalpana Hasmukhrai Rawal

The board also ruled that Supreme Court judge Mohammed Ibrahim and Roselyn Naliaka Nambuye would be vetted afresh setting aside its earlier decision. The verdict that Lady Justice Jeanne Wanjiku Gacheche was unsuitable to serve was upheld.

Fifth Determination

The board issued a determination on 21 December 2012.^[15]

Those declared unfit to serve were:

High Court Judge Mary Ang’awa- Her conduct towards lawyer and litigants rigid.
Nicholas Ombija- Temperamental
Joseph Sergon- credible allegations of corruption and failing to remit client's money. Lacks personal integrity
Murugi Mugo- Disrespectful to parties in court
Leonard Njagi- sanctioned the illegal transfer of public land

The board cleared the following judges:

Anyara Emukule
Said Chitembwe
George Dulu cleared
GBM Kariuki - asked to work on his temper.
Joseph Karanja
Luka Kimaru
Isaac Lenaola
Milton Makhandia
Aggrey Muchelule
Florence Muchemi
Daniel Musinga
John Mwera
Philemon Mwilu
Fredrick Ochieng
Maureen Odero
Hellen Omondi
David Onyancha
William Ouko
Roselyne Wendo
Ruth Sitati
Mohamed Warsame
Hatari Waweru

Sixth Determination

On 15 January 2013, the board cleared the following judges after fresh vetting:^[16]

Supreme Court Judge Mohammed Ibrahim
Court of Appeal Judge Roselyn Nambuye

The following High Court judges were declared unfit to serve in the judiciary

Muga Apondi
Abida Ali Aroni

Lady Justice Mary Kasango of the High Court was found fit to serve.

Legal Challenges

The Centre for Human Rights and Democracy, a human rights lobby went to court to stop the vetting of Supreme Court judge Mohammed Ibrahim and Court of Appeal Judge Roselyn Nambuye ^[17]

References

External links

Kenya Government Commissions

Independent	Kenya National Human Rights and Equality Commission Kenya National Commission on Human Rights Commission on Administrative Justice Public Service Commission National Land Commission Parliamentary Service Commission Judicial Service Commission Commission on Revenue Allocation Independent Electoral and Boundaries Commission Salaries and Remuneration Commission Teachers Service Commission National Police Service Commission Office of the Auditor-General Office of the Controller of Budget Ethics and Anti-Corruption Commission

Time Bound	Commission for the Implementation of the Constitution The Truth, Justice and Reconciliation Commission Judges and Magistrates Vetting Board

Law Enforcement	National Cohesion and Integration Commission Kenya Law Reform Commission

Others	Permanent Presidential Music Commission Permanent Presidential Commission on Soil Conservation and Afforestation

Kenya Government and Parliamentary Inquiries

Corruption Scandals	Goldenberg Inquiry Grand Regency Inquiry Sale of Embassy Houses Kroll Report De La Rue Report Cemetery Land Scandal Audit Report NSSF Audit Report 2008

Probes on Individuals	The Miller Inquiry Bernard Chunga Tribunal 2003 Ringera Judiciary Report Appeal Judges Tribunal Puisne Judges Tribunal Kiruki Commission Nancy Barasa Tribunal Fake PPO Probe

Events

1982 Coup	1982 Coup Inquiry The Miller Inquiry

Ethnic Clashes	1992/1997 Tribal Clashes Akiwumi Commission of Inquiry The Kiliku Report 2012 Tana River District clashes Tana River Inquiry

2007–08 Kenyan crisis	Waki Commission Kriegler Commission

Accidents & Deaths	JM Kariuki Parliamentary Select Committee Robert Ouko Murder Gicheru Commission Gor Sungu Commission Muthoga Commission Mtongwe Ferry Disaster Commission 2012 Kenya Police Helicopter Crash Inquiry Aboud Rogo Inquiry

Other Commissions	Njonjo Land Commission Devil Worship Commission The Hancox Commission Davy Koech Commission Ndungu Land Commission The Truth, Justice and Reconciliation Commission Judges and Magistrates Vetting Board

This article is issued from Wikipedia - version of the Wednesday, March 12, 2014. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.