NAIROBI, Kenya, May 25 – The High Court on Wednesday directed lawyer Ahmednasir Abdullahi to be enjoined in a case in which Chief justice Willy Mutunga has been sued over the decision to transfer 105 judges to new stations.
Judge George Odunga ordered advocate Nelson Havi to serve the suit papers on the former Law Society of Kenya (LSK) chairman before close of business on Wednesday.
The decision came after lawyer Okong’o Omogeni submitted that it would be unfair for Abdullahi not to be given an opportunity to defend himself yet personal allegations have been made against him in the petition.
“I direct that the proceedings be served upon lawyer Abdullahi in the interest of justice,” Odunga ruled.
Havi had urged the court not to join Abdullahi in the proceedings arguing that the Judicial Service Commission (JSC), LSK and Kenya Magistrates and Judges Association were the necessary parties.
Havi has accused the CJ of making a unilateral decision without consulting key stakeholders.
Petitioner Michael Osundwa insisted that the April 15 decision was not taken in consultation with JSC, Kenya Magistrates and Judges Association and LSK.
Following the directive, the judges were required to report to the new stations by June 2, 2016.
The petitioner contends that the CJ’s action is intended to or will pre-empt annual ordinary transfer of judges due on September 30 this year when Mutunga will have left office.
According to the petitioner, the Judiciary Transformation Framework 2012-2016 together with the Judiciary Transfer Policy Guideline for judicial officers regulate the transfer of judges.
He contended that ordinary transfers should be effected only after a judge has served in a station for three years.
The shakeup in the Judiciary will see Justice Mumbi Ngugi move to Kericho as the presiding judge.
Others affected include Justice Edward Muriithi who replaces Justice Ngugi at the Constitutional and Human Rights division.
The transfers and deployment has affected judges of the High Court of Kenya, Employment and Labour Relations Court, and Environment and Land Court.