NAIROBI, Kenya, May 26- Imenti Central Member of Parliament Gitobu Imanyara has filed a notice of Motion with the Clerk of the National Assembly to discuss the conduct of the three judges who made a landmark ruling two days ago declaring Kadhis’ courts unconstitutional.
The ruling made by Justices Joseph Nyamu, Roselyne Wendoh and Mathew Emukule followed a case that was filed in 2004 by Jesse Kamau and 25 other church leaders.
Mr Imanyara particularly questioned Justice Nyamu’s credibility saying he was an appellate judge and should have left the judgment to other judges.
“It is very clear that the only reason for allowing him (Justice Nyamu) to move from the Court of Appeal is to enable him to complete proceedings in the High Court, yet these were proceedings that were completed,” the MP said.
“Why did he not allow others to read the judgments? If the proceedings were not completed, when did he hear them because we have checked and we have not noticed any cause list where he went to sit for this case?” he posed.
He said final submissions had been made in the case which was finished over 14 months ago and so Justice Nyamu should not have involved himself in the matter in any way.
“The question is if the judgment had been completed many months ago, why was it not read? Why wait until a moment when it is politically convenient to read?” Mr Imanyara questioned.
He said the three judges should be subjected to disciplinary action for using public office to “confuse Kenyans and sway them to the No camp rather than behave neutrally.”
The MP was addressing a press conference where he said that if Parliament passed a vote of No Confidence on the three judges, the President could under section 62 of the Constitution appoint a tribunal to investigate the conduct of the trio.
He also accused the judges of overstepping their mandate in making such a judgment saying they had no powers to determine which sections of the constitution were constitutional.
“It was an inspired piece of political activism disguised as judicial wisdom. The Constitution of Kenya is the supreme law of land so Mr Justice Nyamu and his two colleagues must tell us whether they have a secret Constitution that they referred to,” the law maker said.
“Courts don’t make orders in vain and they (judges) admitted as much at the end of the judgment when they said that they do not have power to amend. Therefore if they don’t have such powers why not just make a recommendation to those who have power to amend (Parliament) rather than purport to declare them unconstitutional when you know that declaration is being made in vain?” he queried.
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