By Talk Africa Correspondent
The Judicial Service Commission (JSC) released its report to the media following its deliberations in a meeting held yesterday deliberating on issues key among them corruption allegations against 4 Supreme Court Judges.
This came after a petition was lodged by a Nairobi Businessman, Jared Ongeri seeking the removal of four Supreme Court judges on allegations of violation of the Constitution, gross misconduct, breach of the Judicial Code of Conduct and Ethics and Oath of Office.
Also key among the issues was the much disputed of the recently concluded Wajir
The four Supreme Court Judges named in the petition are Hon Justices Mohammed Ibrahim, Jackton Ojwang, Smokin Wanjala and Njoki Ndung’u. The petition was considered and the Commission directed that the same be served upon the named judges. They were given 14 days to respond to the issues raised therein.
Meanwhile, as at January 2019, in the exercise of its mandate under Article 168 of the Kenyan Constitution, the Commission was seized of 69 complaints against other judges of the superior courts. These complaints were considered and 13 admitted to hearing. The hearings commence today, while 18 other petitions are at an advanced stage of consideration. The Commission found no merit with the rest of the petitions.
On other disciplinary issues, the JSC has heard and determined nine cases against magistrates. Five out of those were found to have grossly misconducted themselves contrary to the provisions of the relevant code of conduct and were accordingly dismissed.
The accusations against the magistrates ranged from issuing mandatory ex-parte orders leading to demolition of property; having huge unexplained monies deposited into their personal bank accounts; running personal businesses that result in conflict of interest and bring disrepute to the Judiciary; assigning themselves matters before other courts; overturning High Court orders; altering proceedings; unlawfully releasing accused persons in custody and releasing accused persons without approval of sureties.
On disciplinary matters facing judicial staff, three staff members faced the sack in relation to seeking to unduly influence tendering processes and also absenteeism from duty.
In the exercise of its mandate on promotions, following successful interviews a raft of magistrates were promoted by the JSC as follows include 12 Senior Principal Magistrates promoted to Chief Magistrates, while 17 Principal Magistrates to Senior Principal Magistrates and 46 Senior Resident Magistrates promoted to Principal Magistrates.
The Judiciary says the parameters informing the promotions included merit, management skills, performance and integrity.
