, NAIROBI, Kenya, Aug 16 – The High Court will give a ruling in the suit Appellate Court Judge GBM Kariuki has filed against the Judicial Service Commission and Director of Criminal Investigations Ndegwa Muhoro, on August 29.
It’s the same date the JSC is scheduled to commence interviews for the post of Chief Justice with Kariuki’s fellow Appellate Judge Alnashir Visram scheduled to go first.
Kariuki wants the JSC compelled to interview him for the post of Chief Justice despite not having submitted his application for the job.
Kariuki says the Directorate of Criminal Investigations is to blame for not issuing him with a Certificate of Good Conduct in good time.
He therefore also wants the DCI compelled to issue him with the certificate in support of his bid to be the next Chief Justice of Kenya.
Kariuki filed the suit under a certificate of urgency on August 10 before Lady Justice Roselyne Aburili who scheduled an inter-partes hearing for Tuesday; the Director of Criminal Investigations Ndegwa Muhoro did not however file a replying affidavit.
Last month, Kariuki wrote to the Attorney General notifying him of his intent to sue the DCI on the grounds that it maliciously denied him a certificate of good conduct to lock him out of the race to be the next Chief Justice of Kenya.
“It is as clear as daylight 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,” he submitted through lawyer Macharia Kahonge.
The basis for his accusation being that the reason he was given for the withholding of the certificate was unfounded given it referenced an attempted murder charge he was acquitted of and on the grounds that he had received two Certificates of Good Conduct since.
“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.
“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 AG read.