Gacheche vetting case taken to CJ

Gacheche vetting case taken to CJ

WEDNESDAY, 25 JULY 2012 00:03 BY SAM KIPLAGAT

A case filed by a Kericho-based judge, who is seeking to stop the ongoing vetting, has been referred to the Chief Justice Willy Mutunga. High Court judge Alfred Mabeya said the case by Justice Jeanne Gacheche raises serious constitutional issues which should be argued before a bench of three judges. Justice Gacheche, however, failed to stop her vetting because she had already appeared before the Vetting of Judges and Magistrates Board by the time her lawyer Stephen Mwenesi argued the case before Justice Mabeya. J

Justice Mabeya said a bench should be appointed within seven days owing to the issues that have been raised in the case. The Judge moved to court challenging the purported extension of the board’s mandate. She says in the application that she swore to uphold the Constitution when she took her oath of office on August 27, 2010. She argues that the mandate of the Sharad Rao-led board ended on May 23, and the purported extension by Parliament through an amendment by the Attorney General was unconstitutional. It is the judge’s view that the board itself should have petitioned Parliament for the extension.  

She also says that she has been summoned by the Board twice, but which summons which reached her several days later at her Kericho station. She argues that the time for vetting Judges has not been extended in accordance with the Constitution or the Vetting of Judges and Magistrates Board Act. She adds that no action has been taken under Section 23 (1) of the Act for extension of time before or after the time expired.

The Judge accuses the board of demonstrating “a proclivity to breach the law” by prematurely and publicly announcing its recommendations for the removal of four judges of the Court of Appeal. Six judges have so far been removed following recommendations of the board.