Judges caught unawares by news of sacking

By Kepher Otieno

The Appellate Court sitting in Kisumu was adjourned after the presiding judges heard that two of them had been declated unfit to hold office.

Judges Riaga Omollo and Samuel Bosire were deciding cases filed at the Appellate Court only for them to hear that they had been sacked. Also sent home was Emmanuel O’Kubasu.

Anxiety gripped the sessions forcing the judges to stop determination of more cases to catch up with the announcements, which was beamed live on television screens.

The judge’s sensed anxiety after an advocate rose to challenge them if the law allowed an ‘illegitimate authority’ to deliver a ruling, in reference to the sacking news.

The judges hurriedly consulted in low tones and stopped the processes. They then put most of the cases pending forward and retreated to Kisumu Resident Judge Abida Aroni’s chamber to listen to the news.

The news arrived at a time Judges Roselyne Nambuye, D K Maraga, and Hannah Okwengu had just examined and withdrawn an appeal against former minister Simeon Nyachae and Lazarus Atemo.

Evidence adduced before them proved that one of the key witnesses listed as the first respondent had died.

Process blamed

Wednesday, Kisumu branch Law Society of Kenya officials hailed the judicial purge. But they blamed the process of relaying the news, saying the affected judges ought to have been spared the anguish by informing them first.

"The manner in which the news was relayed was wrong although the process was viable and effective," claimed outgoing Kisumu LSK Chairman P J Otieno.

There was drama when the Press tried to enter the chambers to talk to the judges. Police officers blocked them at the entrance.

They pleaded with the media to allow the judges to absorb the shock before they could speak to them, but they later beefed up security instead and kept the media at bay.