, NAIROBI, Kenya, Oct 16 – A Kenyan has petitioned the National Assembly to remove six members of the Judicial Service Commission (JSC) from office for allegedly contravening the Constitution.
National Assembly Speaker Justin Muturi said he had received the petition signed by Nicholas Mugambi which called for the removal from office of commissioners Ahmednasir Abdullahi, Reverend Samuel Kobia, Christine Mango, Justice Mohammed Warsame, Emily Ominde and Florence Mwangangi.
In his petition, Mugambi claims that the six usurped the mandate of the Chief Registrar of the Judiciary (CRJ) who is also the accounting officer of the Judiciary by purporting to approve and/or disapprove of money allocated to the Judiciary, “thereby causing inordinate delay of salaries for judicial staff.”
The petition dated October 4, 2013 further claims that the six violated Article 173 Clause 1 and 3 which designate the CRJ as the administrator of the Judiciary Fund by directing payments to be done by persons not authorised to approve expenditure, “thereby increasing the vulnerability of the Judiciary.”
Abdullahi chairs the JSC Finance Committee which embattled Chief Registrar Gladys Shollei accused of interfering with the Judiciary’s search for an office block in Mombasa to host the Court of Appeal, intimating that the lawyer wanted to advance his interests and dictate the space that the institution should rent.
Mugambi alleges that the six breached Article 245 of the Constitution which provides that no person may give direct instructions to the Inspector-General with respect to the investigation of any general offences.
“The said members of the JSC signed a resolution directing the police not to arrest and charge Judiciary staff who are alleged to have stolen Sh80,000 from the Judiciary, thereby wilfully interfering in criminal investigation,” read part of Mugambi’s petition.
Muturi directed the House Committee on Justice and Legal Affairs to investigate the matter and submit a report on whether the commissioners are fit to continue holding office by November 6.
“This petition stands committed to the Committee on Justice and Legal Affairs for consideration and thereafter the Committee shall within 14 days report to the House with the petition discloses grounds for removal under paragraph 251 of the Constitution,” the National Assembly Speaker directed.