Appellate judge Fatuma Sichale refutes misconduct claims

Justice Fatuma Sichale

Justice Fatuma Sichale.

Photo credit: File | Jeff Angote | Nation Media Group

What you need to know:

  • The JSC formed a special committee to look into the misconduct and insubordination allegations against four Court of Appeal judges.
  • The disciplinary procedure arose over the manner in which they handled the appointment of IEBC returning officers.

A Court of Appeal judge, who alongside the Attorney-General nominee Paul Kihara Kariuki and others were accused of misconduct, says the accusations against her are misplaced.

Justice Fatuma Sichale wants the Judicial Service Commission (JSC) to throw out the petition that had been brought against her by former Law Society of Kenya chief executive officer Apollo Mboya.

“There is a recognised procedure of challenging a judge’s decision, either through setting aside or by way of an appeal but not a disciplinary process,” Justice Sichale said in her response to the JSC.

INQUIRY
The commission, in February, formed a special committee to look into the misconduct and insubordination allegations against four Court of Appeal judges: Kariuki, Erastus Githinji, Martha Koome and Sichale.

The judges had been given 21 days within which to respond to the accusations as contained in Mr Mboya’s petition.

The disciplinary procedure arose over the manner in which they handled the appointment of Independent Electoral and Boundaries Commission returning officers hours before the October 26 repeat presidential poll.

Mr Mboya had accused the four of “insubordination, gross misconduct and/or misbehaviour incompatible with the status of judge of Court of Appeal for breach of constitution of Kenya, the oath of office and statutory provisions.”

INTEGRITY
With Justice Kariuki having resigned from the bench to take up the post of Attorney-General pending approval and formal appointment by President Uhuru Kenyatta, the charges levelled against him no longer hold.

That leaves the rest to respond to the petition brought against them by Mr Mboya.

In her response, Justice Sichale said it is preposterous of Mr Mboya to make unfounded allegations against her standing as a judge duly performing her duties in good faith.

Even though she is based in Nyeri, and which was one of the questions raised by Mr Mboya in the petition, the judge said they sit in Nakuru, Meru and Nairobi from time to time.

“From October 23 to 27, 2017 the Nyeri bench comprising GBM Kariuki, S. ole Kantai and myself were programmed to sit in Nairobi,” she said.