In Summary
  • Justice Wanjiru Karanja comes to the city from Malindi and so do Kisumu's Hannah Okwengu and Jamila Mohammed as well as Nyeri's Sankale ole Kantai.
  • Justices Gatembu Kairu and Agnes Murgor were both moved from Nairobi to Malindi while Asike Makhandia and Patrick Kiage were transferred from the city to Kisumu.
  • The Judiciary noted that the transfers were normal and routinely, in line with the requirement for Court of Appeal judges to serve in a station for two years.
  • However, most of the judges moved were mentioned in rows concerning the 2017 general election and in corruption cases.

Justices Erastus Githinji, Martha Koome and Fatuma Sichale are among several who will serve in Nairobi from April 8 following transfers by Chief Justice David Maraga.

The three have been moved to the capital from Kisumu, Malindi and Nyeri respectively.

Justice Wanjiru Karanja comes to the city from Malindi and so do Kisumu's Hannah Okwengu and Jamila Mohammed as well as Nyeri's Sankale ole Kantai.

FROM NAIROBI

Justices Gatembu Kairu and Agnes Murgor were both moved from Nairobi to Malindi while Asike Makhandia and Patrick Kiage were transferred from the city to Kisumu.

Otieno Odek have been moved from Nairobi to Kisumu while Roselyne Nambuye and Daniel Masinga have been moved from Nairobi to Nyeri.

In a statement on Monday, the Judiciary's Deputy Director of Public Affairs and Communication, Catherine Wmbui, said Justice Alnashir Visram will remain in Malindi.

Justices Mohammed Warsame, Philip Waki and Katrhurima M'Inoti were not affected.

The Court of Appeal President is William Ouko who is also based in Nairobi.

SUBVERSION CLAIMS

The Judiciary noted that the transfers were normal and routinely, in line with the requirement for Court of Appeal judges to serve in a station for two years.

Ms Wambui added that justices Visram and Waki were not affected as they retire later this year. Mr Githinji is also set for retirement.

However, most of the judges moved were mentioned in rows concerning the 2017 general election and in corruption cases.

Two activists accused judges Githinji, Koome and Sichale of violating the law and being accomplices in the subversion of justice.

Activist Khalef Khalifa and lawyer Evans Oruenjo filed a complaint against the three before the Judicial Service Commission (JSC) for suspending Justice George Odunga’s decision that declared as illegal, the appointment of 290 returning officers during the repeat presidential poll.

The petitioners argued that the judges did not hold sittings as required and that they arbitrarily issued the orders.

In respect of the same order, lawyer Apollo Mboya had accused them of “insubordination, gross misconduct and/or misbehaviour incompatible with the status of a judge of the Court of Appeal for breach of the Constitution of Kenya, the oath of office and statutory provisions” in respect to the same order.

RECUSALS

Justice Kantai was on the spot last year after recusing himself from the Embu and Kirinyaga governor petitions.

In the Embu case, pitting former Senator Lenny Kivuti and Governor Martin Wambora, he withdrew citing attempts to compromise him.

Mr Kantai narrated that one his personal friends, who was connected to one of the parties involved in the election petition, talked to him about the case in attempts to influence the outcome.

He also said that parties in the case tried to reach judges through agents to sway their decisions.

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