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Monday, May 28, 2012

Sacked judges to stay in office over appeals


Sacked judges to stay in office over appeals

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Judges Emmanuel O’Kubasu, Samuel Bosire, Riaga Omollo and Joseph Nyamu.
From left: Judges Emmanuel O’Kubasu, Samuel Bosire, Riaga Omollo and Joseph Nyamu.  
By PAMELA CHEPKEMEI pjepkemei@ke.nationmedia.com
Posted  Sunday, May 27  2012 at  22:30
Four Court of Appeal Judges declared unfit to serve in the Judiciary will continue to hold office after the vetting board suspended indefinitely the hearing of their appeals.
The board put off the hearing of the appeals after two of the affected judges, Riaga Omollo and Samuel Bosire, challenged the manner in which the board was handling their appeals.
The other judges are Emmanuel O’Kubasu and Joseph Nyamu. (READ: Shock as top judges sacked from Bench)
The two accused the board of acting contrary to the provisions of the Vetting Act.
Through their lawyer Ochieng Odoul they informed the board in writing on May 22 that it was breaching the provisions of the Act by setting down the hearing of the appeals before the vetting of all the judges is finalised.
Section 23 (2) (c) of the Vetting of Judges and Magistrates Act says that all the requests for reviews granted shall be considered after the vetting of all judges and magistrates.
The move could see the four judges remain in office until the whole exercise is finalised. The board had invited all the four judges to appear at its boardroom on May 24 for the hearing of their appeals.
However, the team was forced to put off the exercise following the challenge by the two judges.
Is hereby postponed
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“The board would like to give full consideration to the points you have raised. Therefore, the hearing scheduled for Thursday 24 May 2012 is hereby postponed until further notice,” said the Chairman of the board Mr Sharad Rao.
The two judges also faulted the decision by the board to make public the findings on their suitability before notifying them in writing.

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