Justice Kariuki (Left) said he would institute proceedings against the Office of the DCI in court within 30 days for compensation and would likely petition for the removal of DCI Ndegwa Muhoro from office/FILE
NAIROBI, Kenya, Jul 13 – Court of Appeal judge GBM Kariuki has formally notified the Office of the Director of Criminal Investigations that he intends to sue for failure to issue him a Certificate of Good Conduct effectively locking him out of the race for Chief Justice.
In a letter to the Attorney General through Macharia Kahonge and Company Advocates, Kariuki said he would institute proceedings against the Office of the DCI in court within 30 days for compensation and would likely petition for the removal of DCI Ndegwa Muhoro from office.
“It is as clear as daylight,” the letter reads, “that the director of CID acted maliciously with the aim of sabotaging our client’s application for the position of Chief Justice, a fact that had been disclosed while applying for the Certificate of Good Conduct.”
Kariuki said the reason he had been given for the DCI’s failure to issue him the Certificate pointed to malice.
In his letter to the Attorney General, Kariuki attached another letter, this time from the DCI headquarters in Kiambu explaining that he could not be issued a Certificate of Good Conduct as he was on record as having faced an attempted murder charge in 2008.
“Urgently submit result of trial so as to enable us process police clearance certificate of the subject. When replying, please quote our reference and docket number. Also remember to include all the details, i.e. court, date of sentence, offence, court file number etc. If not charged, please submit to this office; extract of arrest and release, OB. References and a photocopy of the same. Alternatively, avail the OB. Itself for perusal by this office,” the communication reads.
But GBM contends that the DCI must have been aware that the matter was later dismissed, in 2010, as they issued him a Certificate of Good Conduct not once but twice since then.
“In the year 2011 such certificate was issued in connection with the vetting of our client by the Judges and Magistrates Vetting Board. In the year 2012 yet another certificate of Good Conduct was sought and obtained by our client for the purpose of his interview for the post of judge of the Court of Appeal.
It is for this reason that Kariuki makes the conclusion that the failure to issue him with a certificate for the race for Chief Justice, was sabotage.
“In short the office of the Director of CID and the police officers in other stations who collaborated with that office violated our client’s constitutional rights to vie for the position of Chief Justice. This is not a matter that can be swept under the carpet. It has great implication on his life,” the notice to the Attorney General reads.
Those interested in contesting for the job of Chief Justice had until last Friday to submit their applications. That evening the Judicial Service Commission made public that it had received a total of 14 applications for the job. By Tuesday, six were shortlisted to fight it out.
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