CJ accused of abusing office by varying Njoki Ndungu’s orders

May 30, 2016 7:37 pm
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Mutunga on Monday varied the orders issued by Justice Ndungu on Friday to the extent that he pushed the inter-partes hearing up from June 24 as had been set by Ndungu, to Thursday given the “public interest” in the application/FILE
Mutunga on Monday varied the orders issued by Justice Ndungu on Friday to the extent that he pushed the inter-partes hearing up from June 24 as had been set by Ndungu, to Thursday given the “public interest” in the application/FILE

, NAIROBI, Kenya, May 30 – Deputy Chief Justice Kalpana Rawal on Monday accused Chief Justice Willy Mutunga of acting in excess of his powers when he varied the orders given by Justice Njoki Ndungu in an application she filed in the Supreme Court seeking to restrain the Judicial Service Commission from recruiting her successor.

Rawal, through lawyer Kioko Kilukumi, contends that the Chief Justice holds no such powers as it is only a bench that can vary the orders of a judge of the same court.

Overview
  • Rawal, through lawyer Kioko Kilukumi, contends that the Chief Justice holds no such powers as it is only a bench that can vary the orders of a judge of the same court.
  • She also contends that such a revision of orders can only be premised on an application of which she contends there were none.
  • She has therefore filed a notice of preliminary objection to the perceived irregularities.

She also contends that such a revision of orders can only be premised on an application of which she contends there were none.

She has therefore filed a notice of preliminary objection to the perceived irregularities.

“He purports to tap his power to issue those illegal directions from a nebulous source described as, ‘administrative powers as the Chief Justice and President of the Supreme Court’ without quoting the chapter and the verse conferring the Chief Justice with any such powers. The Chief Justice is not at liberty to interfere with the decisional independence of any judge of the Supreme Court,” the notice of preliminary objection reads.

READ: CJ fast-tracks divisive Rawal, Tunoi case from June 24 to June 2

Meanwhile, one Isaac Madubwi has petitioned the JSC for Mutunga’s removal over the perceived interference.

“Mutunga has purported to change the terms of the conservatory orders issued by duty judge Lady Justice Njoki Ndungu by his own motion without any application from any party as required by law which is not only ultra vires but illegal. The orders of a judge can only be changed by a five-judge bench in accordance with Section 24 of the Supreme Court Act,” his petition states.

Mutunga on Monday varied the orders issued by Justice Ndungu on Friday to the extent that he pushed the inter-partes hearing up from June 24 as had been set by Ndungu, to Thursday given the “public interest” in the application.

He also directed that the application be heard by all the five judges of the Supreme Court not party to it; that being himself, Justices Ndungu, Mohammed Ibrahim, Jackton Ojwang, and Smokin Wanjala.

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