Top judges whose conduct was found wanting as ‘mtukufu’ era faded

Though President Daniel arap Moi ruined many people’s careers, four retired Appellate Court judges are unlikely mourners of his death.

Justices Riaga Omollo, Samuel Bosire, Emmanuel O’Kubasu and Joseph Nyamu – who rose to become Court of Appeal judges during the Kanu regime – had their careers cut short in 2012.

This was by the Judges and Magistrates Vetting Board, chaired by Sharad Rao.

OMOLLO

The board accused Justice Omollo of being the common denominator in key cases at the Court of Appeal fixed to serve State interests.

He was also accused of overturning High Court rulings and directing petitions by opposition leaders Mwai Kibaki and Kenneth Matiba to serve Moi directly with election petition papers in the 1992 and 1997.

Justice Omollo disallowed the petition signed by Ms Edith Matiba as her husband could not write following a stroke he suffered while in detention.

The judge denied being a poodle of anyone and told the board that he earned his promotions by merit.

NYAMU

Unlike his three colleagues, Mr Nyamu was appointed a High Court judge by President Moi in December 2002, just days before the latter handed power to Mr Mwai Kibaki.

Before his appointment, Justice Nyamu had been a partner in a legal firm in Nairobi.

Decisions made by justice Nyamu as the head of the Constitutional and Judicial Review division on Kenya’s two mega scandals – Goldenberg and Anglo Leasing – returned to haunt him during the vetting.

He ordered Prof George Saitoti’s name expunged from the report of a judicial inquiry into the Goldenberg scandal following a recommendation by the commission headed by Appellate judge Bosire that the former Finance Minister be prosecuted.

Prof Saitoti was said to have played a big role in the payments of billions of shillings to Goldenberg architect Kamlesh Pattni.

Justice Nyamu argued that the money paid to Pattni had been approved by Parliament.

He also sat on a bench that declared the Kadhi Court unconstitutional.

He moved to court seeking to compel the board to review the decision but lost.

BOSIRE

One of the reasons cited by the board which saw justice Bosire dismissed was his decision, as chairman of the Goldenberg inquiry, to ignore a court order compelling the commission to interview those adversely mentioned in the scandal – Moi, Saitoti and former intelligence chief James Kanyotu.

“Bosire did not seek to challenge the order on appeal. He simply treated it as if it was not binding and ignored it,” the board said.

The judge argued that it was difficult to enforce the order, adding that the number of those mentioned was as high as 1,500.

Incidentally, the order was from Justice Nyamu, then a High Court judge and which Justice Bosire, then a Court of Appeal judge found hard to enforce.

Justice Emmanuel O’Kubasu was dismissed on claims of lack of integrity and fairness.

He had been accused of having been hosted in a London hotel by a man whose brother had a case before him, and that he had presided over a case of a businessman who was close to him.