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Post by phil on Aug 18, 2011 17:50:38 GMT 3
News Breaking!
President Kibaki nominates Former UK Lord Justice of Appeal Sir Stephen Sedley , Rtd Chief Justice Georgina Wood of Ghana and Rtd Judge Of Quebec Court Loiuse Otis to sit on the Judges and Magistrates Vetting Board.
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Post by commes on Aug 22, 2011 15:15:53 GMT 3
GLADYS SHOLLEI has been sworn in by CJ Willy Mutunga as the Chief Registrar of the judiciary. I cannot also wait for the 28 new judges to be named later today. August 22. 14 women, 2 from Kenyan Diaspora, 11 serving magistrates and a woman with albinism. We need to see the faces and analyze their strengths and weaknesses
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Post by job on Aug 22, 2011 18:17:48 GMT 3
The full list of appointed high court judges: 1. Lydia Achode - High Court registrar
2. Pauline Nyamweya - University of Nairobi law lecturer
3. Ngugi Mwaura - Washington State University lecturer
4. Havelock Jonathan Bowen - a former partner at prominent Nairobi law firm Kaplan and Straton Advocates
5. Odunga Vincent - an author of a widely used book on civil procedure, Digest on Civil Case Law and Procedure.
6. Celicia Githua - Magistrate, Kibera Law Courts
7. Grace Nzioka - Magistrate, Kibera Law Courts
8. Christine Meoli - Chief Magistrate, Kiambu
9. Ong'undi Imbosa - Magistrate, Kericho
10. Stella Muketi - Magistrate, Nyeri
11. Rose Ougo - Magistrate
12. Beatrice Jaden Thuranira - Magistrate
13. Korir Roseline Cherotich - Magistrate
14. Korir Kipyegon - Magistrate
15. Stella Ngali Mutuku - Registrar at East Africa Court of Justice
16. Mumbi Ngugi - Advocate living with albinism
17. Kimondo Kanyi - Once taught law at the University of Nairobi
18. David Machanja Shikomera - Once served as an assisting counsel in the Waki Commission that investigated the 2007/2008 post-election violence
19. Richard Mururu - Formerly of the Public Procurement Review Board
20. Joseph Mutava - Central Bank’s legal department
21. Alfred Mabeya
22. Abigail Mshila
23. Makau Aaron
24. Francis Tuiyot
25. Roseline Lagat
26. James Wakiaga
27. Ogola Erick Okumu
28. Chemitei Kiplagat
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Post by job on Aug 22, 2011 18:43:18 GMT 3
At least the appointment process (transparent and competitive) is a breath of fresh air. While I'm glad the "conveyor belt of acquitals" is nowhere near this list - my worry is the high number of magistrates (probably steeped in the old ethos) who ended up being appointed Judges. Promoting impunity can actually give the vice another higher life.
Then the folks from private sector and other areas outside courts...how could the public be appraised of their respective backgrounds, Judicial philosophies, and wealth of professional (&/or academic)experience?
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Post by tactician on Aug 25, 2011 0:57:32 GMT 3
The full list of appointed high court judges: 1. Lydia Achode - High Court registrar
2. Pauline Nyamweya - University of Nairobi law lecturer
3. Ngugi Mwaura - Washington State University lecturer
4. Havelock Jonathan Bowen - a former partner at prominent Nairobi law firm Kaplan and Straton Advocates
5. Odunga Vincent - an author of a widely used book on civil procedure, Digest on Civil Case Law and Procedure.
6. Celicia Githua - Magistrate, Kibera Law Courts
7. Grace Nzioka - Magistrate, Kibera Law Courts
8. Christine Meoli - Chief Magistrate, Kiambu
9. Ong'undi Imbosa - Magistrate, Kericho
10. Stella Muketi - Magistrate, Nyeri
11. Rose Ougo - Magistrate
12. Beatrice Jaden Thuranira - Magistrate
13. Korir Roseline Cherotich - Magistrate
14. Korir Kipyegon - Magistrate
15. Stella Ngali Mutuku - Registrar at East Africa Court of Justice
16. Mumbi Ngugi - Advocate living with albinism
17. Kimondo Kanyi - Once taught law at the University of Nairobi
18. David Machanja Shikomera - Once served as an assisting counsel in the Waki Commission that investigated the 2007/2008 post-election violence
19. Richard Mururu - Formerly of the Public Procurement Review Board
20. Joseph Mutava - Central Bank’s legal department
21. Alfred Mabeya
22. Abigail Mshila
23. Makau Aaron
24. Francis Tuiyot
25. Roseline Lagat
26. James Wakiaga
27. Ogola Erick Okumu
28. Chemitei Kiplagat These names are not yet appointees. They are but just nominees of the JSC. The katiba demands that the JSC submits this list to bunge for approval before they can be appointed as Judges. Same applies to ALL the other judges of the superior courts ie High Court, Court of Appeal and Supreme Court (all seven judges must be vetted by bunge - not just CJ and his deputy)
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Post by mwalimumkuu on Dec 20, 2011 19:58:32 GMT 3
Very interesting developments, just after the vetting pannel decides that it is going to vet the even those judges already sitting at the supreme court, it emerges that some of the judges have decided to call it a day rather than face the scrutiny. www.the-star.co.ke/national/national/54705-judges-to-quit-ahead-of-vettingI can only ask for a speedy vetting so as to avoid nonsensical judgments such the one we just had from Ombija.
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Post by job on Jan 26, 2012 23:39:04 GMT 3
The Board that's vetting Judges are apparently subverting the new Constitution already. The Constitution requires transparency and public participation during the making of these crucial public appointments! Is this close-door policy, the new style of the impunity merchants? The public must know what these Judges (of the old rot) are afraid of! Media and the public must be allowed in this process. www.the-star.co.ke/national/national/59711-moa-irked-by-secret-vetting-of-judges
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Post by Titchaz on Feb 1, 2012 1:17:45 GMT 3
The Board that's vetting Judges are apparently subverting the new Constitution already. The Constitution requires transparency and public participation during the making of these crucial public appointments! Is this close-door policy, the new style of the impunity merchants? The public must know what these Judges (of the old rot) are afraid of! Media and the public must be allowed in this process. www.the-star.co.ke/national/national/59711-moa-irked-by-secret-vetting-of-judges
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Post by Titchaz on Feb 22, 2012 19:22:37 GMT 3
Justice Omollo first up as vetting begins Court of Appeal judge Riaga Omollo is February 23, 2012 expected to face the judges and magistrates vetting board that will determine his suitability to serve in the Judiciary. FILE By BENJAMIN MUINDI, bmuindi@ke.nationmedia.com Posted Wednesday, February 22 2012 at 15:34 Court of Appeal judge Riaga Omollo is Thursday expected to face the judges and magistrates vetting board that will determine his suitability to serve in the Judiciary. Justice Omollo’s past work record, including his competence and diligence, pending cases against him or recommendation for prosecution are some benchmarks to be considered as the vetting process kicks off. Others are pending complaints against him from bodies as the Law Society of Kenya, the Anti-Corruption Agency, Advocates Complaints Commission, Police or the Judicial Service Commission, the vetting board’s chairman Sharad Rao said Wednesday. Justice Joseph Nyamu will be next on the ‘hot seat’ in a process that will take one year where 55 judges (including those of the Court of Appeal) and 350 magistrates will be vetted. “We guarantee that this process shall be conducted in a fair and transparent manner and shall follow all the rules of natural justice,” said Mr Rao while addressing journalist at the vetting room in Anniversary Towers, Nairobi. “The inclusion of foreign judges is to ensure that the vetting shall be devoid of local interference as political, ethnic or otherwise and that they will be no need for apprehension among members of the public,” he said. The foreigners are Justice Georgina Wood (former chief justice of Ghana), Justice Chomba Fredrick (from Zambia) and Justice Albeis Sachs (of South Africa) who will team up with six Kenyans. They are Roseline Odede (vice-chairperson), Meuledi Iseme, Ngotho wa Kariuki, Justus Munyithia and Abdirashid Abdullahi. “It is now the opportunity for the judges and magistrates to cooperate with the board during the process,” Mr Rao said flanked by the members. He noted that no judge or magistrate had so far opted out of the process except for those due to retire. Judges will be vetted during the first three months by the nine-member panel, before they split into groups of three members each to scrutinise the magistrates in a period of six months. Mr Rao said that the sessions will be privately conducted unless one opts to invite the public or the media, and that information obtained during personal interviews and records of the judge or magistrate being vetted shall be confidential. “The integrity of the members of this board and the inclusion of the foreign judges should suffice to guarantee that the process will be transparent and fair,” Mr Rao told journalists who sought clarity on the privacy of the vetting process. Once evidence presented before the board is not found satisfactory to prove one’s suitability as a judge or magistrate of Kenya’s judiciary system, they shall be suspended or sent on leave. The board shall, upon determining the unsuitability of a judge or magistrate to continue serving in the Judiciary, within 30 days of the determination, inform them in writing, specifying the reasons for the determination. www.nation.co.ke/News/politics/Justice+Omolo+first+up+as+vetting+begins/-/1064/1332656/-/uw93ha/-/index.html
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Post by job on Feb 23, 2012 18:10:39 GMT 3
Justice Nyamu comes next - tomorrow. I already forwarded my 2 cent thoughts to the panel. The Judiciary needs thorough cleaning.Meet Justice Gregory Nyamu: Justice Gregory Nyamu • The epitome of the rot, as Judicial handyman for Kibaki and former Chief Justice Evan Gicheru. The two facilitated Nyamu’s swift ascent up the judiciary ladder (Presiding Judge in the Constitutional and Judicial Review Division of the High Court and later an Appellate Judge)
• Has made a long streak of controversial rulings on sensitive cases even in an attempt (without surprise) to stall the new constitution that now requires his vetting – remember his unprecedented ruling that declared the inclusion of Kadhi Courts in the new constitution as “unconstitutional”.
Despite the accolades from Kenyans (during the CJ and DCJ nomination process), the JSC did not even attempt to thoroughly interrogate Justice Nyamu’s colossal role in handling cases sensitive to the Kibaki administration – most touching on corruption.
If we talk about the Judiciary failing Kenya in the fight against corruption, then Justice Nyamu must be mentioned. This fella does not deserve to sit anywhere near a Judicial bench in Kenya.
I do not know what JSC members feared about Nyamu, whose past rulings have been as controversial and dumb-founding.
Here is part of Nyamu’s colourful record.Anglo leasing related investigations * (a) Using the High Court Bench, Justice Nyamu specifically barred the Ministry of Finance from hiring an audit firm to investigate circumstances surrounding one of the 18 Anglo-leasing type tenders – Midland Finance and Securities.
* (b) Justice Joseph Nyamu sanitized another Anglo Leasing type procurement deal by ruling that the Sh500 million contract in which English firms - Midland Finance and Securities and Globetel Inc - were allowed to supply the government with telecommunication equipment for the Administration Police in May 2003, was legitimate.
* (c) Using the Constitutional Court bench, Justice Nyamu gave former Internal Security Minister, Chris Murungaru, a constitutional breather over Anglo Leasing by stopping KACC from investigating the latter’s accounts. The ruling declared that Murungaru’s constitutional rights were infringed by KACC while pursuing 18 security related Anglo Leasing type contracts.
In one of these deals, specifically the Navy ship deal (where billions were lost through paint coronation of a luxury cruise ship into Kenya Navy colors and attaching a jua-kali ‘gun’ to it), Chris Murungaru named the President as the substantive Minister for Defence and categorically stated that no such procurement could have been undertaken without President Kibaki’s authorization.
This navy ship contract is also listed as one of the 18 security related cases that Justice Nyamu legally stopped the Ministry of Finance from hiring an audit into.
* (d) Justice Nyamu also gave Anglo Leasing masterminds, brothers, Deepak Kamani & Rashmi Kamani, using the Constitutional Court sitting alongside Justices Wendo and Emukule in June 22nd 2007, a constitutional breather by passing:
(i) A declaration that the ‘wanted persons’ publication made by the Kenya Anti Corruption Commission (KACC) of and concerning the Kamani brothers, was unlawful and in breach of their constitutional rights.
(ii) A declaration that in view of the adverse publicity surrounding the Anglo Leasing scandal the Kamani brothers cannot have a fair trial
(iii) An order directed to the KACC “not to harass arrest or prefer criminal charges against the petitioners arising from the Anglo Leasing affair or otherwise.”
(iv) An order directed to the Principal Immigration Officer, the Kenya Anti Corruption Commission, and the Kibera Chief Magistrates Court, requiring them all to delete any references to the Kamani brothers as wanted persons in relation to Anglo Leasing “or otherwise." [/i] [/blockquote] 2. Goldenberg related cases(a) Justice Nyamu struck off the Goldenburg case against former Finance Minister, Prof. George Saitoti. Interestingly, as in the Kamani brothers Anglo-Leasing case, lawyer Fred Ngatia, was representing the suspect in Nyamu’s court.
In his parting shot, Justice Nyamu warned the Attorney General against interfering with Prof. George Saitoti’s rights:
Under S 3 of the Judicature Act and s 84 of the Constitution, this court is empowered to give such orders or issue such writs as would be necessary so as to secure the fundamental rights so that as hinted elsewhere if the applicant’s right to equality of arms has been violated or threatened by the Attorney General this Court would be entitled to issue an order of prohibition against the Attorney General.
(b) Justice Nyamu and accomplices went ahead to technically nullify all the work of the Goldenberg inquiry (Bosire Commission) rendering it irrelevant in future judicial proceedings.
(c) Justice Nyamu in similar fashion, struck off the Goldenberg case against former Central Bank Governor, Eric Kotut under the same ‘constitution rights’ grounds.3. Tiomin case- Dec 19, 2006Justice Joseph Nyamu, sitting in the High Court in Nairobi, gave a local subsidiary of a Canadian Mining Conglomerate, Tiomin Kenya Limited, go ahead to mine Titanium in Kwale District in Coast Province despite failing to adequately compensate evicted farmers of their land and properties at market value.
Ruling against challenge by Kwale farmers, Justice Nyamu said that a farmer, Rodgers Mwema Nzioka, was bound by a contract that was entered between the District Resettlement and Compensation Committee and Tiomin (K) Ltd, and therefore could not be allowed to back out of the contract.
Justice Nyamu added that the lease contract between the farmers and Tiomin, at a paltry cost of 80,000 shillings an acre, had an arbitration clause which the farmers had not exhausted prior to moving to court. 4.ODM Vs Safaricom IPO - Oct 31, 2007In the controversial rushed sale of the Kenya government's 25% shares in Safaricom without following procedures laid down in the Privatization Act 2005, Justice Nyamu, sitting in the High Court, threw out the suit filed by three ODM legislators who sought a more transparent and regular procedure for disposing the shares (specifically via the Privatisation Act 2005).
It is noteworthy that President Mwai Kibaki had earlier assented to the Privatization Act two years prior to the shares disposal, but the then Finance Minister, Amos Kimunya, had refused to operationalize the Act, by delaying to publish it into law in the Kenya Gazette.
In dismissing the suit, Justice Nyamu argued that no illegality on the part of the government (or Finance Ministry) had been proved to warrant cancellation of the Initial Public Offer (IPO).
"Granted that the government is selling the silver of the house, but unless it is acting illegally, it is entitled to do so with finality and without interference in order to realise maximum public benefits," the judge ruled. 5. Orange Vs Referendum 16 November 2005In October 2005, the CKRC and ODM accused Attorney General Amos Wako of publishing the draft constitution (Wako draft) illegally through unilateral insertions and deletions of the official draft that had been deliberated and passed through Bomas and the CKRC process.
In this case, a three-judge bench comprising Justices Nyamu, Emukule and Wendoh, ruled against ODM, setting stage for the 2005 referendum.
In their ruling, the judges asserted that "stoppage would fly in the face of 'national interest'".
A few days later, majority Kenyans (58%) acting in real national interest, invalidated the Wako draft constitution - by rejecting it at the referendum. 6. Suit against Parliamentary Service Commission by Mars group and others- 2008 & 2009.In similar suits against the National Assembly & Parliamentary Service Commission, filed by various individuals and Groups challenging MPs exorbitant payments, allowances and refusal to pay taxes, Justice Nyamu has been sitting on the case that continues to drag.
The insinuation is that he is helping the government drag this case to forestall rebellion by MPs (against government) in case of an unfavourable ruling. Kibaki is still keenly intent on bribing MPs to occasionally enable him have his unilateral way..
In the past, while sitting as a High Court Judge, Justice Nyamu’s conduct and ‘exercise of arbitrary powers’ has also been querried by Appellate Judges.
Three Appellate Judges found it prudent reprimanding him in 2006 (publicly reported in a newspaper I will quote from).
Court of Appeal Judges Riaga Omolo, Samuel Bosire and Onyango Otieno took issue with a previous ruling made by Justice Nyamu. The Appellate Judges said they wanted to set the record straight on the division Nyamu called "the Constitutional Court"
They were ruling on an appeal filed against a ruling delivered by Justice Nyamu on case No1382 of 2003 involving Peter Ng’ang’a Muiruri and Credit Bank Limited. The ruling is available on the Kenya law reports website.
They said Nyamu assumed he was sitting in a court that had supervisory powers over all other courts. "Justice Nyamu’s decision was based on the mistaken belief that the Constitution created a Constitutional Court with supervisory powers over other courts," the judges said in their ruling.
As a Daily Nation report ( Sept, 14th, 2006) stated, the Judges also said "the Constitutional Court" was non-existent saying the Constitution established the High Court, Magistrate, Kadhis’ and Court Martial. "It is our view that Justice Nyamu considered this issue to give him opportunity of answering his critics and popularise his view and powers of his jurisdiction, " they ruled. "The law is not on his side,’’ they concluded.
It’s instructive to note that in most of Nyamu’s controversial rulings, he has been tagged along by Justices Emukule, Wendo and sometimes Justices Dulu and Maraga. The four therefore play the same status quo music, the beats that continue stifling our society’s progress.Read more jukwaa.proboards.com/index.cgi?action=display&board=general&thread=4183&page=2#ixzz1OTgnYAfm[/quote]
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Post by job on Feb 23, 2012 18:48:26 GMT 3
For complaints against ANY Judge or Magistrate, I recommend using the avenue below to channel the complaints: Kenya National Human Rights and Equality Commission
www.knchr.org Go to CONTACTS. Write/send documents to:Kenya National Human Rights and Equality Commission CVS Plaza, Kasuku rd, off Lenana rd, P.O. Box: 74359-00200 Nairobi Kenya FAX letters/documents to:Fax: +254-020- 2716160 CALL:Tel: +254-020-2717900/00/28/32 +254-020-2712664/2717256
Mobile: +254-726-610159 +254-724-256448 +254-733-780000 +254-736-780000
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Post by adongo23456 on Feb 23, 2012 18:49:28 GMT 3
job,
It is great you sent stuff on that Justice Nyamu. He is the most rotten. If they can't clean that guy out of there the process would be a complete waste of time.
I think judges are very sensitive about being held accountable for making bad judgments so considering that the majority of the vetting folks are judges expect very little from them. However in cases where we have rulings that are a complete abuse of the law as is the case with Nyamu and his ruling on Saitoti where he falsely claimed that Saitoti cannot be tried again because he was tried before when in fact Saitoti was never tried before because the AG withdrew a private case against him some action has to be taken. Justice Nyamu just cooked up outrageous stuff to protect Saitoti. If the panel can't pick that up this will be a complete waste of time.
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Post by phil on Apr 25, 2012 11:29:38 GMT 3
On Judges of Court of Appeal, showing live on most national Tv stations, the Vetting Board just ruled that Judge Riaga Omolo should be removed from the Bench since he failed to be impartial during Ex-President Moi era. This is a final decision and cannot be appealed nor reversed.
Who'se next?
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Post by phil on Apr 25, 2012 11:38:15 GMT 3
The verdict on Court of Appeal Judge Bosire does not appear to favour him either. Looks like anyone who worked as Judge during Moi's tenure will take a bow and leave the judiciary.
Bosire is being reminded of his silence as Moi tortured multi-party crusaders in the 1980s. How he prematurely stopped the Goldenberg enquiry without summoning ex-President Moi.
Bosire has been declared unfit to serve in court of appeal, following Riaga Omollo into retirement. Vetting board now discussing Judge Emannuel O'Kubasu.
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Post by phil on Apr 25, 2012 11:57:25 GMT 3
Judge Emmanuel O'kubasu suffers the same fate as Bosire and Omollo.
At this rate, doubt if any of the six others will survive the radical surgery.
Looks like this is a major transition for Kenyan judiaciary. Historic.
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Post by phil on Apr 25, 2012 12:17:37 GMT 3
Justice John Nyamu aint surviving either. From the look of things, he seems the most corrupt of them all.
Kenya judiciary has been in bed with grand corruption.
ODM has been vindicated for opting for mass action rather than go to this judiciary.
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Post by phil on Apr 25, 2012 12:25:20 GMT 3
Hon Justices PhilipTunoi, Onyango Otieno, Erastus Githinji, Alnashir Visram, and Philip Waki are vetted and found SUITABLE to serve in the Court of Appeal
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Post by kamalet on Apr 25, 2012 15:00:12 GMT 3
On Judges of Court of Appeal, showing live on most national Tv stations, the Vetting Board just ruled that Judge Riaga Omolo should be removed from the Bench since he failed to be impartial during Ex-President Moi era. This is a final decision and cannot be appealed nor reversed. Who'se next? I cannot imagine that your actions during the Moi regime can get you fired when your options were as limited as that of a porcupine wanting to copulate. This unfortunately is a violation Omollo's rights and if this be the case before this board, then it has criminalised working under the Moi regime and it is just too wrong!!
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Post by adongo23456 on Apr 25, 2012 15:09:43 GMT 3
This is the best news since we got the new constitution. Judges who condoned torture are being thrown out. Eti they were scared. How can you be scared when people were getting killed? How about those who helped Hitler? Should they have been excused because Hitler gave them no options. Hitler didn't take away their conscience. They did that themselves. Bure kabisa.
The other crook Nyamu, by far the worst judge in the history of the Kenyan judiciary is now out for good. Now Saitoti can go give him a job. We have been blasting him for that crazy ruling with no bearing in law whatsover. And the fool Wako who never appealed that ruling until time ran out should be brought back and hanged.
And even the titans like Bosire and O'Kubasu have been kicked out. Now the judges who are next are shitting rocks. If you have "blood" in your wig, better take the money and run before you get humiliated by your peers. People better keep filing those complaints. With judges it is one on one. Kick them out.
This is what we need done with the top guns in the police force if our country is to get anywhere. Get rid of the murderers and crooks running the Kenyan police force.
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Post by job on Apr 25, 2012 16:00:52 GMT 3
Justice Nyamu comes next - tomorrow. I already forwarded my 2 cent thoughts to the panel. The Judiciary needs thorough cleaning.Meet Justice Gregory Nyamu: Justice Gregory Nyamu • The epitome of the rot, as Judicial handyman for Kibaki and former Chief Justice Evan Gicheru. The two facilitated Nyamu’s swift ascent up the judiciary ladder (Presiding Judge in the Constitutional and Judicial Review Division of the High Court and later an Appellate Judge)
• Has made a long streak of controversial rulings on sensitive cases even in an attempt (without surprise) to stall the new constitution that now requires his vetting – remember his unprecedented ruling that declared the inclusion of Kadhi Courts in the new constitution as “unconstitutional”.
Despite the accolades from Kenyans (during the CJ and DCJ nomination process), the JSC did not even attempt to thoroughly interrogate Justice Nyamu’s colossal role in handling cases sensitive to the Kibaki administration – most touching on corruption.
If we talk about the Judiciary failing Kenya in the fight against corruption, then Justice Nyamu must be mentioned. This fella does not deserve to sit anywhere near a Judicial bench in Kenya.
I do not know what JSC members feared about Nyamu, whose past rulings have been as controversial and dumb-founding.
Here is part of Nyamu’s colourful record.Anglo leasing related investigations * (a) Using the High Court Bench, Justice Nyamu specifically barred the Ministry of Finance from hiring an audit firm to investigate circumstances surrounding one of the 18 Anglo-leasing type tenders – Midland Finance and Securities.
* (b) Justice Joseph Nyamu sanitized another Anglo Leasing type procurement deal by ruling that the Sh500 million contract in which English firms - Midland Finance and Securities and Globetel Inc - were allowed to supply the government with telecommunication equipment for the Administration Police in May 2003, was legitimate.
* (c) Using the Constitutional Court bench, Justice Nyamu gave former Internal Security Minister, Chris Murungaru, a constitutional breather over Anglo Leasing by stopping KACC from investigating the latter’s accounts. The ruling declared that Murungaru’s constitutional rights were infringed by KACC while pursuing 18 security related Anglo Leasing type contracts.
In one of these deals, specifically the Navy ship deal (where billions were lost through paint coronation of a luxury cruise ship into Kenya Navy colors and attaching a jua-kali ‘gun’ to it), Chris Murungaru named the President as the substantive Minister for Defence and categorically stated that no such procurement could have been undertaken without President Kibaki’s authorization.
This navy ship contract is also listed as one of the 18 security related cases that Justice Nyamu legally stopped the Ministry of Finance from hiring an audit into.
* (d) Justice Nyamu also gave Anglo Leasing masterminds, brothers, Deepak Kamani & Rashmi Kamani, using the Constitutional Court sitting alongside Justices Wendo and Emukule in June 22nd 2007, a constitutional breather by passing:
(i) A declaration that the ‘wanted persons’ publication made by the Kenya Anti Corruption Commission (KACC) of and concerning the Kamani brothers, was unlawful and in breach of their constitutional rights.
(ii) A declaration that in view of the adverse publicity surrounding the Anglo Leasing scandal the Kamani brothers cannot have a fair trial
(iii) An order directed to the KACC “not to harass arrest or prefer criminal charges against the petitioners arising from the Anglo Leasing affair or otherwise.”
(iv) An order directed to the Principal Immigration Officer, the Kenya Anti Corruption Commission, and the Kibera Chief Magistrates Court, requiring them all to delete any references to the Kamani brothers as wanted persons in relation to Anglo Leasing “or otherwise." [/i] [/blockquote] 2. Goldenberg related cases(a) Justice Nyamu struck off the Goldenburg case against former Finance Minister, Prof. George Saitoti. Interestingly, as in the Kamani brothers Anglo-Leasing case, lawyer Fred Ngatia, was representing the suspect in Nyamu’s court.
In his parting shot, Justice Nyamu warned the Attorney General against interfering with Prof. George Saitoti’s rights:
Under S 3 of the Judicature Act and s 84 of the Constitution, this court is empowered to give such orders or issue such writs as would be necessary so as to secure the fundamental rights so that as hinted elsewhere if the applicant’s right to equality of arms has been violated or threatened by the Attorney General this Court would be entitled to issue an order of prohibition against the Attorney General.
(b) Justice Nyamu and accomplices went ahead to technically nullify all the work of the Goldenberg inquiry (Bosire Commission) rendering it irrelevant in future judicial proceedings.
(c) Justice Nyamu in similar fashion, struck off the Goldenberg case against former Central Bank Governor, Eric Kotut under the same ‘constitution rights’ grounds.3. Tiomin case- Dec 19, 2006Justice Joseph Nyamu, sitting in the High Court in Nairobi, gave a local subsidiary of a Canadian Mining Conglomerate, Tiomin Kenya Limited, go ahead to mine Titanium in Kwale District in Coast Province despite failing to adequately compensate evicted farmers of their land and properties at market value.
Ruling against challenge by Kwale farmers, Justice Nyamu said that a farmer, Rodgers Mwema Nzioka, was bound by a contract that was entered between the District Resettlement and Compensation Committee and Tiomin (K) Ltd, and therefore could not be allowed to back out of the contract.
Justice Nyamu added that the lease contract between the farmers and Tiomin, at a paltry cost of 80,000 shillings an acre, had an arbitration clause which the farmers had not exhausted prior to moving to court. 4.ODM Vs Safaricom IPO - Oct 31, 2007In the controversial rushed sale of the Kenya government's 25% shares in Safaricom without following procedures laid down in the Privatization Act 2005, Justice Nyamu, sitting in the High Court, threw out the suit filed by three ODM legislators who sought a more transparent and regular procedure for disposing the shares (specifically via the Privatisation Act 2005).
It is noteworthy that President Mwai Kibaki had earlier assented to the Privatization Act two years prior to the shares disposal, but the then Finance Minister, Amos Kimunya, had refused to operationalize the Act, by delaying to publish it into law in the Kenya Gazette.
In dismissing the suit, Justice Nyamu argued that no illegality on the part of the government (or Finance Ministry) had been proved to warrant cancellation of the Initial Public Offer (IPO).
"Granted that the government is selling the silver of the house, but unless it is acting illegally, it is entitled to do so with finality and without interference in order to realise maximum public benefits," the judge ruled. 5. Orange Vs Referendum 16 November 2005In October 2005, the CKRC and ODM accused Attorney General Amos Wako of publishing the draft constitution (Wako draft) illegally through unilateral insertions and deletions of the official draft that had been deliberated and passed through Bomas and the CKRC process.
In this case, a three-judge bench comprising Justices Nyamu, Emukule and Wendoh, ruled against ODM, setting stage for the 2005 referendum.
In their ruling, the judges asserted that "stoppage would fly in the face of 'national interest'".
A few days later, majority Kenyans (58%) acting in real national interest, invalidated the Wako draft constitution - by rejecting it at the referendum. 6. Suit against Parliamentary Service Commission by Mars group and others- 2008 & 2009.In similar suits against the National Assembly & Parliamentary Service Commission, filed by various individuals and Groups challenging MPs exorbitant payments, allowances and refusal to pay taxes, Justice Nyamu has been sitting on the case that continues to drag.
The insinuation is that he is helping the government drag this case to forestall rebellion by MPs (against government) in case of an unfavourable ruling. Kibaki is still keenly intent on bribing MPs to occasionally enable him have his unilateral way..
In the past, while sitting as a High Court Judge, Justice Nyamu’s conduct and ‘exercise of arbitrary powers’ has also been querried by Appellate Judges.
Three Appellate Judges found it prudent reprimanding him in 2006 (publicly reported in a newspaper I will quote from).
Court of Appeal Judges Riaga Omolo, Samuel Bosire and Onyango Otieno took issue with a previous ruling made by Justice Nyamu. The Appellate Judges said they wanted to set the record straight on the division Nyamu called "the Constitutional Court"
They were ruling on an appeal filed against a ruling delivered by Justice Nyamu on case No1382 of 2003 involving Peter Ng’ang’a Muiruri and Credit Bank Limited. The ruling is available on the Kenya law reports website.
They said Nyamu assumed he was sitting in a court that had supervisory powers over all other courts. "Justice Nyamu’s decision was based on the mistaken belief that the Constitution created a Constitutional Court with supervisory powers over other courts," the judges said in their ruling.
As a Daily Nation report ( Sept, 14th, 2006) stated, the Judges also said "the Constitutional Court" was non-existent saying the Constitution established the High Court, Magistrate, Kadhis’ and Court Martial. "It is our view that Justice Nyamu considered this issue to give him opportunity of answering his critics and popularise his view and powers of his jurisdiction, " they ruled. "The law is not on his side,’’ they concluded.
It’s instructive to note that in most of Nyamu’s controversial rulings, he has been tagged along by Justices Emukule, Wendo and sometimes Justices Dulu and Maraga. The four therefore play the same status quo music, the beats that continue stifling our society’s progress.Read more jukwaa.proboards.com/index.cgi?action=display&board=general&thread=4183&page=2#ixzz1OTgnYAfm[/quote][/quote] It is 7 pages and an addendum of more pages in documentiary evidence that I PERSONALLY SENT to the vetting board and the KNCHR (who also forwarded the materials) regarding crooks like Justice Nyamu. That kick-in-teeth is the greatest news today. The rot is finally being uprooted. It is also great news that abettors of the Moi-era repression like Justices O'kubasu, Omollo, and Bosire are all out. This is great at this particular time when a police state is already re-emerging. Judges who sit idly or stand by watching violations of human rights of citizens must know they will eventually face accountability. There should be no mercy to those who sing the tunes of regimes of the day. Only independent-minded, impartial, and honourable men and women should be interpreting our laws, period! Great start to this vetting. I feel good..tarararararara!!!! Enjoy the late James Brown:
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Post by okolowaka on Apr 25, 2012 16:04:53 GMT 3
;D ;D ;D ;D ;D ;D ;D
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Post by phil on Apr 25, 2012 16:09:10 GMT 3
@ Job and Adongo
Chairman Sharad Rao and his vetting board deserve a pat on the back for the transparent and impartial manner they have conducted this vetting. Me thinks that we aint seen anything yet and this radical surgery will shake the kings of impunity to the bone.
However, it goes without saying that judicial reforms must commensurate with Police reform in order to be effective in the longer term. I am hoping Kenyans will strongly resist attempts to undertake cosmetic reforms in the police and I applaud the Prime Minister and the LSK for unequivocally rejecting Kibaki's corrputed list of nominees to the National Police Service Commission.
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Post by OtishOtish on Apr 25, 2012 16:13:49 GMT 3
Job: Great job! Great Job! So to speak. Nyamu would provide great fodder for those late-night TV comedians as they do a round-up of "interesting news" from around the world: Something in the constitution is unconstitutional!
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Post by adongo23456 on Apr 25, 2012 17:49:08 GMT 3
The one thing I find very gratifying is that the involvement of some of the judges with the Moi torture system and the entire Nyayo House saga and the dictatorship itself was a big part of how we buried the little greedy cowards. Tells me the patriots are still up to the fight providing as much info as they can to the vetters. You mess with those folks at your own peril. And thanks to job for providing the links to provide info to the vetting team right on this thread. We are ready for the next round which is going to be a full plate. Here we go: www.capitalfm.co.ke/news/2012/04/4-judges-fired-on-their-day-in-the-dock/4 judges fired on their day in the dock Posted by ROB JILLO on April 25, 2012 NAIROBI, Kenya, Apr 25 – Kenya’s most senior judge Riaga Omolo is among four judges who have been declared unfit to serve in the Judiciary, following vetting whose outcome was announced on Wednesday. The Vetting of Judges and Magistrates Board has also dismissed Justices Emmanuel O’Kubasu, Samuel Bosire and Joseph Nyamu. Board chairman Sharad Rao said they found that Justice Omolo was guilty of authoritarianism on the Bench and inconsistency in his judgements of political cases. He also failed to show impartiality during the government of former president Daniel arap Moi. One of the cases cited by the Board involved an election petition filed by Kenneth Matiba against Moi after Kenya’s first multi party election of 1992. The judge, according to the Board, castigated Matiba who was paralysed and was unable to sign the election petition papers.“He castigated the petitioner in an ungenerous, uncalled for manner that manifested no sensitivity that the fact that he could well have been paralysed as a result of torture and appeared to carry favour with the incumbent president,” Rao said.“In all of highly publicised political matters his decisions appeared to lean in favour of authoritarian repression rather open up pathways for democratic expression.” “These members also felt that the judge had not shown sufficient capacity for introspection and ability to analyse in an objective manner the severe judicial failures for which he had been responsible at a difficult time in the life of the nation.” He added: “The judge on his own admission stated that they had failed Kenyans and the victims of the Nyayo House torture chambers, but he showed inadequate appreciation of how deeply and negatively the actual judgements he had delivered had impacted on public confidence in the fairness of the Judiciary.”“A minority of members on the other hand were of the view that the manner in which he had adjudicated had to be seen in the context of the repression of the times; that he was not a corrupt judge… that he had made many positive contributions to the judiciary over the years and that he still had a major contribution to make in the new constitutional dispensation,” his indictment said. “The decision of the board my very substantial majority – with two members dissenting – is that the judge is not suitable to continue to serve.” However, Rao added; “at the same time, the board wishes to highlight a total absence of any instance relating to corruption in regard to the judge.” The board said its decision was final and not appealable. On his part, Justice Samuel Bosire was accused of condoning torture of suspects during the Moi regime. He was also indicted for failing to summon the former president who was adversely mentioned in the Goldenberg scandal when he served as chairman of the Commission of Inquiry into the multi-billion shilling scam.Bosire defied a High Court order that directed him to issue summons to Moi and other senior government officials who were accused in the multi billion shillings scandal. “The defiance of the High Court order then was to protect the very people the public expected would be called to account for their activities,” Rao said.The Board said the judge was very defensive of the rotten status of the judiciary. Justice Joseph Nyamu was hounded out of office for his conduct when he headed the Constitutional Review division of the court, during which time the Board said he frustrated efforts to prosecute high ranking officials over the Anglo Leasing and Goldenberg corruption scandals.The two mega scandals cost Kenyan tax payers in excess of $1 billion. The Goldenberg scandal which was carried out through fictitious gold and diamond exports crippled the economy during the 1990s. Emmanuel O’Kubasu was also sent packing after being accused of accepting gifts from litigants. The only reprieve the sacked judges have is seeking a review by the same panel. The board nonetheless returned a clean bill of health for judges Onyango Otieno, Erastus Githinji, Alnashir Visram, Philip Waki and Philip Tunoi who is now a Supreme Court judge.
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Post by jakaswanga on Apr 25, 2012 20:05:11 GMT 3
Job: Great job! Great Job! So to speak. Nyamu would provide great fodder for those late-night TV comedians as they do a round-up of "interesting news" from around the world: Something in the constitution is unconstitutional! Job,Spectacular work! But can you comment on this, or anybody who can for that matter. Judge Riaga Omollo made it to the short list of 5 for the Chief Justice I think? How on earth did he pass that vetting process at that time? Was it a 'fake' board? Or it was just his seniority after Gicheru. You know it is a bit unnerving to think somebody actually consedered him a serious candidate for CJ! jukwaa.proboards.com/index.cgi?board=general&action=display&thread=45352. Does anybody know if the new constitution provides room for persecuting ;D these criminals for the distortions they wrought upon the law? Can the Matiba family for instance sue Omollo? Or have their discretions all been forgiven by a general pardon?
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