• Tuesday, 25 June 2024
NGO accuses JSC of being corrupt and incompetent, harrasing Judges and magistrates

NGO accuses JSC of being corrupt and incompetent, harrasing Judges and magistrates

NGO files petition in court accusing JSC of harrasing Judges, Judicial Staff and constitutional violations during interviews, cites pre-determined activities 


Sheria Mtaani, a Non-governmental organisations has moved to court where it is accusing the JSC of taking sides, violating the constitution and contacting it's activities including interviews in a non-procedural manner.


In a suit it has filed at the Milimani court through Shadrack Wambui, an advocate of the high court, the NGO has raised several issues in which it forms the basis of it's suit.


The matter was filed before Justice Hedwig I Ong'undi who listed it as an urgent matter and allocated it before justice J.Mugambi.


According to the court papers in court and in our possession, the petitioner believes the individuals within the commission are unfit to hold office and are usually guided by predetermined events before starting their activities including interviews.


JSC is yet to respond to the petition.

The Attorney General has been listed as the second responded in the case.


The NGO while citing the recently concluded interviews of the high court judges and judges of the court of appeal alongside the interviews of the Chief Justice, the JSC is accused of harrasing Honourable judges and magistrates and even unconstitutionally preventing some of them from proceeding to an interview despite shortlisting them, " This amount to violation of the constitution and deamining the judicial officers," the petitiner added.

It said in court papers further, "Additionally, the JSC has failed to interview a certain Judges and magistrates citing baseless claims that they are not suited for the position without affording them the opportunity to present their defence . The decision represent a blatant infringement of their rights of a fair hearing provided by article 50 of the Kenyan constitution," the petition reads in parts.


The suit further highlights how the judges who participated in the interview were mistreated.


" The Judges who appeared before the commission were subjected to mistreatment, as the commission unjustly utilized cases from previous Judiciary Proceedings to discredit them disregarding the constitution provisions that grants them immunity, further more certain Judges were unjustly excluded from the interview process. It is imperative to recognize that justice cannot be served unless Judges are afforded the very justice they are entrusted to deliver," it added.


The Petitioner adds that the JSC has abused it's powers by mistreating of individuals who have come before it.


" The responded mistreated interviewee during the interview in the position of the Chief Justice and that is a matter of the public records," it added.

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