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Vetting Board Chairman Sharad Rao addresses a media conference on Wednesday morning. Photo/ CAPITALFM NEWS Felix Magara

Kenya

Board takes sacked judges’ row to highest court

He indicated that due to the exceptional circumstances presented by the issue, the board will invoke the jurisdiction of the Supreme Court as to whether the Judiciary can second guess it.

“The (Vetting of Judges and Magistrates) Act is very specific. Any determination of unsuitability once communicated to the judge concerned and announced the public, according to the Act, that judge shall be deemed to have been removed from office,” he explained.

Rao maintained that despite the ruling, the five judges cannot hear and determine cases.

“The vetting Act states that once the Vetting Board determines that a particular judge is unsuitable and that he or she is informed of the decision of the board, the judge shall subject only to review be deemed to have been removed from office,” he said.

The Law Society of Kenya (LSK) also said that the ruling sets a bad precedent in reforming crucial institutions in the country and that it will be seeking orders that the ruling be stayed.

Attorney General Githu Muigai has expressed support the LSK’s application saying he was dissatisfied with the decision of the High Court.

Citing Section 23 of the Fifth Schedule of the Constitution, he said that a removal or the process leading to the removal of a judge from office by virtue of the Vetting of Judges and Magistrates Act shall not be subject to question, in, or review by, any court.

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