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Post by adongo23456 on Apr 30, 2012 16:56:54 GMT 3
The overall aim of the vetting in noble. Judges must be above reproach. But, I am concerned about the objectivity of the vetting board. I am not sure Prof Ngotho wa Kariuki could be said to be objective. The same judges he is now vetting jailed him. Kariuki was detained without trial between 1986 and 1988 and charged with sedition between 1990 and 1992. Can he really say he has no axe to grind with them? Sharad Rao has even more history to concern me. He was a poacher tenured gamekeeper. He was appointed to the position of Director of Public Prosecution in the 1980 under the then Attorney General Charles Njonjo. James Karugu as the first indigenous Kenyan to hold the post. Karugu was on April 21, 1980 appointed Attorney-General to replace Njonjo, who was quitting the civil service to join politics. Karugus successor to the post by . Mr Sharad Rao was appointed on June 30, 1980. He led the first post-independence treason trial of the late Andrew Muthemba. Interestingly, Rao prosecuted dissidents opposed to Moi before finding himself on the wrong said of the law. Despite being a DPP, Rao faced criminal charges. First, he was accused of interfering with investigations into an industrial action taken by the Bank of Baroda and failure to prosecute bank officials of wrongdoing. Lawrence Sifuna tabled documents in Parliament that indicated that both Rao and an assistant commissioner of police, Joginder Singh Sokhi enjoyed an overdraft facility of Sh1 million [ in 1980, this is huge amount of money] at the bank to back up claims that the two had an interest in the case in which some of the bank employees had been sacked for allegedly leaking information on how the bank was allegedly contravening Foreign Exchange Control Act. Second, he was charged with selling drugs of low quality to Divisions of Disease Control through Elys Chemicals where he was one of the directors. He was never prosecuted because he was by then out of the country. Rao like Karugu faded into oblivion. Only for him to surface locally as chair of the judges vetting board. With such history, I question if that man with such a low integrity was best suited to vet the judges many of whom he questioning their honour. Sadik,Let's get a few things straight. The idea that people like Prof. Ngotho wa Kariuki (a great accounting professor who was my teacher in Nairobi University and the dean of the faculty of commerce) are somehow not qualified to sit in judgement of helping to fix the rotten judiciary is misguided to put it mildly. If anything we need more Ngotho wa Kariukis in these boards. They know in real life what state repression means. It is not stuff they read in books and papers like many folks who think they can sit in judgement of Prof. Ngotho. Being a victim of state repression should never ever be used as an excuse to remove a certain category of people from doing public work. That is like punishing them twice. Ngotho almost died in detention. He came out half dead and almost unrecognizable except for his long beard. To tell him now that he cannot sit in judgment of some judges because he was almost killed in detention would be an act of gross injustice not only to him but to the many others who endured the same fate. Should Dr. Mutunga not be a CJ because he was detained and may end up sitting in judgement of some of the elements who were responsible for his detention? My answer is NO. People were tortured and detained because they stood for something. These are patriots who risked their lives and liberty for the sake of the country. What better qualification does one need in addressing the ills that continue to saddle the country. We need more of these folks in positions of leadership and in fixing the mess that 50 years of autocracy and political thievery has brought in our country. I am particularly grateful that someone with the moral authority and courage of Prof. Albie Sachs also sits in that board. That must make Prof. Ngotho very much at home. The board so far has done a fantastic job. The four senior most autocrats in the judiciary are gone. It has shocked the system. People like Nyamu thought they were invincible. I hope they made anough money working for the crooks. Now they need real jobs and they are toxic. In away the quiet revolution going on in Kenya is probably more effective than what we have seen in Libya or even Egypt. In Libya they put a hole in Gaddafi's butt but they haven't done much else. In Egypt Mubarak is on his death bed in chains but there is still mountains to climb. In Kenya we have been cutting the migumo tree with our ten million razor blades and the Migumo is coming down. We have our new katiba. Kenyans today have a Supreme Court they can have faith in. We are cleaning the rest of the junk in the judiciary. Sooner than later even the rotten police structures will be fixed. We have impunity elements on the run day and night praying themselves to sleep. The nation is moving forward with courage and determination. We will not be stopped.
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Post by Daktari wa makazi on Apr 30, 2012 17:19:15 GMT 3
The overall aim of the vetting in noble. Judges must be above reproach. But, I am concerned about the objectivity of the vetting board. I am not sure Prof Ngotho wa Kariuki could be said to be objective. The same judges he is now vetting jailed him. Kariuki was detained without trial between 1986 and 1988 and charged with sedition between 1990 and 1992. Can he really say he has no axe to grind with them? Sharad Rao has even more history to concern me. He was a poacher tenured gamekeeper. He was appointed to the position of Director of Public Prosecution in the 1980 under the then Attorney General Charles Njonjo. James Karugu as the first indigenous Kenyan to hold the post. Karugu was on April 21, 1980 appointed Attorney-General to replace Njonjo, who was quitting the civil service to join politics. Karugus successor to the post by . Mr Sharad Rao was appointed on June 30, 1980. He led the first post-independence treason trial of the late Andrew Muthemba. Interestingly, Rao prosecuted dissidents opposed to Moi before finding himself on the wrong said of the law. Despite being a DPP, Rao faced criminal charges. First, he was accused of interfering with investigations into an industrial action taken by the Bank of Baroda and failure to prosecute bank officials of wrongdoing. Lawrence Sifuna tabled documents in Parliament that indicated that both Rao and an assistant commissioner of police, Joginder Singh Sokhi enjoyed an overdraft facility of Sh1 million [ in 1980, this is huge amount of money] at the bank to back up claims that the two had an interest in the case in which some of the bank employees had been sacked for allegedly leaking information on how the bank was allegedly contravening Foreign Exchange Control Act. Second, he was charged with selling drugs of low quality to Divisions of Disease Control through Elys Chemicals where he was one of the directors. He was never prosecuted because he was by then out of the country. Rao like Karugu faded into oblivion. Only for him to surface locally as chair of the judges vetting board. With such history, I question if that man with such a low integrity was best suited to vet the judges many of whom he questioning their honour. Sadik,Let's get a few things straight. The idea that people like Prof. Gotho wa Kariuki (a great accounting professor who was my teacher in Nairobi University and the dean of the faculty of commerce) are somehow not qualified to sit in judgement of helping to fix the rotten judiciary is misguided to put it mildly. If anything we need more Ngotho wa Kariukis in these boards. They know in real life what state repression means. It is not stuff they read in books and papers like many folks who think they can sit in judgement of Prof. Ngotho. Being a victim of state repression should never ever be used as an excuse to remove a certain category of people from doing public work. That is like punishing them twice. Ngotho almost died in detention. He came out half dead and almost unrecognizable except for his long beard. To tell him now that he cannot sit in judgment of some judges because he was almost killed in detention would be an act of gross injustice not only to him but to the many others who endured the same fate. Should Dr. Mutunga not be a CJ because he was detained and may end up sitting in judgement of some of the elements who were responsible for his detention? My answer is NO. People were tortured and detained because they stood for something. These are patriots who risked their lives and liberty for the sake of the country. What better qualification does one need in addressing the ills that continue to saddle the country. We need more of these folks in positions of leadership and in fixing the mess that 50 years of autocracy and political thievery has brought in our country. I am particularly grateful that someone with the moral authority and courage of Prof. Albie Sachs also sits in that board. That must make Prof. Ngotho very much at home. The board so far has done a fantastic job. The four senior most autocrats in the judiciary are gone. It has shocked the system. People like Nyamu thought they were invincible. I hope they made anough money working for the crooks. Now they need real jobs and they are toxic. In away the quiet revolution going on in Kenya is probably more effective than what we have seen in Libya or even Egypt. In Libya they put a hole in Gaddafi's butt but they haven't done much else. In Egypt Mubarak is on his death bed in chains but there is still mountains to climb. In Kenya we have been cutting the migumo tree with our ten million razor blades and the Migumo is coming down. We have our new katiba. Kenyans today have a Supreme Court they can have faith in. We are cleaning the rest of the junk in the judiciary. Sooner than later even the rotten police structures will be fixed. We have impunity elements on the run day and night praying themselves to sleep. The nation is moving forward with courage and determination. We will not be stopped. Adongo You missed the post by a mile. I didn’t question the person of Prof. Ngotho wa Kariuki, nor his intellectual ability. It was about his objectivity. The fact that the same judges he is vetting are the ones who sentenced him to prison thus treated him unjustly/inhumane does not make him neutral in the scheme of things. I would rather we had neutral people who are objective enough to handle the vetting task. Neither can we rely upon the fact that Adongo knows Prof Kariuki personally and can vouch for his professionalism. That is simply not enough. We are building stable institutions, not personalities. We need a system, which is blind to both sides of the exercise, remote and neutral to achieve a clean vetting exercise. I am not saying Prof Kariuki cannot serve his nation in many other capacity, but vetting those who sent him to prison does not sit well with me. As for Mutunga, he is a Judge, and there is a system in law for him to recuse himself from hearing where he might be biased on any case before him/Supreme Court.
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Post by adongo23456 on Apr 30, 2012 17:46:00 GMT 3
Sadik,
My point is that there was a time in our country when a bunch of thugs took over the country. Moi took over from where Kenyatta left in turning the country up side down. Moi's word was law. People were brutalized and some even killed for demanding democracy and basic human rights. Most people naturally kept their mouths shut and went along. A few people decided they will not accept the dictatorship. They decided to stand up for their country. For their patriotism people like Ngotho ended up in detention. I can think of no better quality in a human being than the patriotism of the likes of Ngotho and that to me is what we need now more than at any other time in helping to fix the system.
We need people with proven record of patriotism and love for the country to turn the country around. It is people like Prof. Albie Sachs who was blown by apartheid bombs who have helped to build the institutions of justice in South Africa. If for example South Africans who were victims of apartheid were disqualified from running the institutions of justice in South Africa they would have to import people from outside the country. Neutrality cannot be based on indifference to justice and injustice. We cannot accuse people who have stood up for justice in our country of being biased against injustice. We should all be biased against injustice. It is a bad thing and the more you are against it the better.
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Post by phil on May 2, 2012 10:22:23 GMT 3
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Post by phil on May 2, 2012 15:29:02 GMT 3
Watching business magnate SK Macharia making a fool of himself seemingly trying to settle scores with Lady Justice Koome who he calls a close friend of Hon. Martha Karua.
It was a smart move by Lady Justice Koome to embrace public vetting and bring a seasoned lawyer like Oraro to rip apart the allegations brought forth by SK Macharia.
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Post by job on May 2, 2012 18:33:24 GMT 3
Watching business magnate SK Macharia making a fool of himself seemingly trying to settle scores with Lady Justice Koome who he calls a close friend of Hon. Martha Karua. It was a smart move by Lady Justice Koome to embrace public vetting and bring a seasoned lawyer like Oraro to rip apart the allegations brought forth by SK Macharia. Do you have more details?I personally applaud any Kenyan exercising their patriotic and constitutionally given mandate to participate in vetting Judges. We shouldn't disparage those who come forward with complaints about rot in the Judiciary - then at the same time generally blame the Judiciary for being rotten. If SK Macharia had valid concerns he wished the public knew about Justice Martha Koome - why not? If it was score-settling, the details would speak for themselves...kindly avail to us the gist of the exchanges. I will wait before passing Judgment. Did SK Macharia come by himelf, or he was accompanied by a lawyer? Was it a case of lacking facts to back his allegations or merely a case of poor presentation (communication)? I often try to be careful not to inadvertently celebrate corruption and filth. Keep in mind that "succesful" lawyers - especially those who enjoyed unfeterred government contracts like the Oraros - are partly to blame for the rot in Kenya's Judiciary. It takes two to Tango. Establishment Judges needed establishment lawyers to complete the matrix of the rot in Judiciary. But then, I won't pass judgemnt till I get the full details. Kindly provide what transpired if you get a chance.
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Post by phil on May 2, 2012 19:25:11 GMT 3
Do you have more details?I personally applaud any Kenyan exercising their patriotic and constitutionally given mandate to participate in vetting Judges. We shouldn't disparage those who come forward with complaints about rot in the Judiciary - then at the same time generally blame the Judiciary for being rotten. If SK Macharia had valid concerns he wished the public knew about Justice Martha Koome - why not? If it was score-settling, the details would speak for themselves...kindly avail to us the gist of the exchanges. I will wait before passing Judgment. Did SK Macharia come by himelf, or he was accompanied by a lawyer? Was it a case of lacking facts to back his allegations or merely a case of poor presentation (communication)? I often try to be careful not to inadvertently celebrate corruption and filth. Keep in mind that "succesful" lawyers - especially those who enjoyed unfeterred government contracts like the Oraros - are partly to blame for the rot in Kenya's Judiciary. It takes two to Tango. Establishment Judges needed establishment lawyers to complete the matrix of the rot in Judiciary. But then, I won't pass judgemnt till I get the full details. Kindly provide what transpired if you get a chance. The videos are not out yet but here is a media report. www.capitalfm.co.ke/news/2012/05/judge-koome-opts-for-public-vetting/
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Post by job on May 18, 2012 16:51:19 GMT 3
Vetting Judges continued..Justice David Maraga KenaniFrom the Public vetting, three categories of accusations were leveled against this Judge:1) Lack of Independence – condoning Impunity.Victims of the Kiambaa (Eldoret) Church massacre during PEV point to Justice Maraga’s shocking decision to acquit all the four people accused of orchestrating the attack on the church. It is a claim they also took to the ICC Court chambers through their victims' representative. They accuse the Judge of abject failure in prosecuting the Kiambaa case professionally. They say the Judge dismissed this serious criminal case in the High Court of Kenya (at Nakuru) callously and cold-heartedly despite overwhelming evidence to convict….see his casual and insensitive opinion @ Republic v. Stephen Kiprotich Leting et al. Criminal Case 34 of 2008. 2) Influences of tribalismWhen a jilted lover, former AP cop Andrew Moeche Omwenga murdered his rival, former Ainamoi MP David Kimutai Too and the lover Eunice Chepkwony in cold blood under premeditated conditions – instead of handing the capital punishment required by law, Justice Maraga handed his accused tribesmate a 10 year sentence (a slap on the wrist).
To add insult to injury, the Judge wrote that:
“the accused should have shot the duo on the legs or hand to disarm them, but not on the head and abdomen as the accused had done”.
Why the heck Justice Maraga thinks shooting lovers and rivals in the legs or hands is a solution to love disputes is as mind-boggling as ridiculous! Is this surely a Judge sitting in Kenya’s High Court? 3) Bribe taking“A political aspirant claimed that he met the judge’s agent and facilitated the bribe.” www.standardmedia.co.ke/?articleID=2000058302&story_title=Justice%20Maraga%20put%20to%20task%20over%20rulingwww.the-star.co.ke/national/national/76055-judge-maraga-on-defence-over-bribeWell, the Judge swore (in God’s name) in a highly dramatized gig that he has never taken a bribe in his life. Be the Judge. Talk of a rotten Judiciary!!!! I hope the panel does its thing -- weeding thing!!!!Next!!!!!
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Post by mzee on May 18, 2012 17:02:25 GMT 3
Job, This man is gone
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Post by Titchaz on May 28, 2012 2:22:36 GMT 3
The fools still hold office!...This vetting thing might end up as a mirage pretty soon! Sacked judges to stay in office over appeals 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“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. www.nation.co.ke/News/Sacked+judges+to+stay+in+office+over+appeals+/-/1056/1414842/-/s86n1hz/-/index.html
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Post by kamalet on May 28, 2012 10:19:11 GMT 3
This decision to delay in hearing of the appeals has me worried about the legal competence of the vetting board.
If the law is as clear as was read by lawyer Ochieng Oduol and the board led by chairman Rao had not read it properly, and also considering the issues of law the committee is supposed to have observed being raised as grounds of appeal - then one should be worried as to the way the vetting is being done. Some judges should not have made the cut and will carry one being on the bench!
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Post by OtishOtish on May 28, 2012 16:15:49 GMT 3
The regulations should have been arranged so that they are suspended until after the review. As it is, they have been declared unfit to hold office, and solid reasons have been given for that declaration. Will they now continue to handles cases? It would be hard to make that fly. Or will they just get paid for twiddling their thumbs?
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Post by phil on Jul 20, 2012 11:08:18 GMT 3
NEWS IN: Justice Jacktone Ojwang DECLARED suitable to serve as Judge WHILE Justice Ibrahim Mohamed declared unfit
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euonyi
Full Member
Me, myself and I
Posts: 179
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Post by euonyi on Jul 20, 2012 15:02:29 GMT 3
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Post by job on Jul 20, 2012 15:25:12 GMT 3
I'm cautiously optimistic that the Supreme Court's reconstitution will be done appropriately. This is a very dicey situation given how ferocious the Impunity Merchants are fighting back. They would love to fill this top bench with dependable allies who'd deliver their right-wing conservative agenda. They would love to neuter the CJ's progressive credo. It would be a coup of sorts.
Ibrahim is now out for gross inefficiency. Baraza is also likely on her way out - for misconduct. All this leave some edgy feeling of uncertainty!
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Post by kamalet on Jul 20, 2012 19:58:42 GMT 3
Was the vetting ever intended to deal with integrity or competence? And then on the matter of competence is clearing many cases without any growth to jurisprudence more competent that exercising caution in your judgement as not to rush it? The two extremes of Ibrahim and Ojwang!
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Post by phil on Aug 3, 2012 11:57:22 GMT 3
kamaletThis one definitely calls for celebration! How about two cold ones on my account at Birongo Square majioni? hehehe Justice Gacheche may as well have openly served as PNU Secretary for Legal Affairs during the time she was a judge. A fierce defender of status quo and an avowed merchant of impunity, I say GOOD RIDDANCE! Another top judge fails integrity test By Digital Reporter
High Court judge Justice Jean Gacheche became the latest scalp to be claimed by the Vetting Board after she was found unsuitable to continue serving in the Judiciary.
A verdict delivered by the Vetting Board accused Justice Gacheche of using her powers inappropriately and failing to follow the text and spirit of the Constitution.
She was accused of eroding the confidence of the judiciary with her questionable rulings as she exhibited severe deficiencies as judge.
The Vetting Board however did not find any evidence or complaints of corruption during her service but found her responses to complaints raised as inadequate.
Three more judges were cleared to serve. Justices Wanjiru Karanja, Jessy Lessit and Msagha Mbogholi were found as suitable to continue presiding over cases in the judiciary.
Gacheche joins the list of failed judges that includes Justice Mohammed Ibrahim of the Supreme Court who was found unsuitable to serve in the judiciary due to inordinate delay in delivering judgments.
Court of Appeal Judge Roselyn Nambuye was recently found unfit to serve in the judiciary as the vetting board chaired by Sharad Rao said she delayed cases and in so doing delayed justice.
Justices Emmanuel Okubasu, Riaga Omollo, Samuel Bosire, and Joseph Nyamu were similarly found to be of wanting integrity and were shown the door after several years of experienced service at the helm of Kenya’sjudiciary.
The vetting board said the judges did not exhibit the integrity test required of them as judicial officers. The board blamed the judges for lacking independence, showing bias towards the high and mighty in society, favouring impunity and limiting democratic expression.
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Post by kamalet on Aug 3, 2012 12:17:26 GMT 3
kamaletThis one definitely calls for celebration! How about two cold ones on my account at Birongo Square majioni? hehehe Justice Gacheche may as well have openly served as PNU Secretary for Legal Affairs during the time she was a judge. A fierce defender of status quo and an avowed merchant of impunity, I say GOOD RIDDANCE! Another top judge fails integrity test By Digital Reporter
High Court judge Justice Jean Gacheche became the latest scalp to be claimed by the Vetting Board after she was found unsuitable to continue serving in the Judiciary.
A verdict delivered by the Vetting Board accused Justice Gacheche of using her powers inappropriately and failing to follow the text and spirit of the Constitution.
She was accused of eroding the confidence of the judiciary with her questionable rulings as she exhibited severe deficiencies as judge.
The Vetting Board however did not find any evidence or complaints of corruption during her service but found her responses to complaints raised as inadequate.
Three more judges were cleared to serve. Justices Wanjiru Karanja, Jessy Lessit and Msagha Mbogholi were found as suitable to continue presiding over cases in the judiciary.
Gacheche joins the list of failed judges that includes Justice Mohammed Ibrahim of the Supreme Court who was found unsuitable to serve in the judiciary due to inordinate delay in delivering judgments.
Court of Appeal Judge Roselyn Nambuye was recently found unfit to serve in the judiciary as the vetting board chaired by Sharad Rao said she delayed cases and in so doing delayed justice.
Justices Emmanuel Okubasu, Riaga Omollo, Samuel Bosire, and Joseph Nyamu were similarly found to be of wanting integrity and were shown the door after several years of experienced service at the helm of Kenya’sjudiciary.
The vetting board said the judges did not exhibit the integrity test required of them as judicial officers. The board blamed the judges for lacking independence, showing bias towards the high and mighty in society, favouring impunity and limiting democratic expression. Status Quo = PNU? ? You take this politics too far!
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Post by job on Aug 3, 2012 17:29:08 GMT 3
kamaletThis one definitely calls for celebration! How about two cold ones on my account at Birongo Square majioni? hehehe Justice Gacheche may as well have openly served as PNU Secretary for Legal Affairs during the time she was a judge. A fierce defender of status quo and an avowed merchant of impunity, I say GOOD RIDDANCE! Another top judge fails integrity test By Digital Reporter
High Court judge Justice Jean Gacheche became the latest scalp to be claimed by the Vetting Board after she was found unsuitable to continue serving in the Judiciary.
A verdict delivered by the Vetting Board accused Justice Gacheche of using her powers inappropriately and failing to follow the text and spirit of the Constitution.
She was accused of eroding the confidence of the judiciary with her questionable rulings as she exhibited severe deficiencies as judge.
The Vetting Board however did not find any evidence or complaints of corruption during her service but found her responses to complaints raised as inadequate.
Three more judges were cleared to serve. Justices Wanjiru Karanja, Jessy Lessit and Msagha Mbogholi were found as suitable to continue presiding over cases in the judiciary.
Gacheche joins the list of failed judges that includes Justice Mohammed Ibrahim of the Supreme Court who was found unsuitable to serve in the judiciary due to inordinate delay in delivering judgments.
Court of Appeal Judge Roselyn Nambuye was recently found unfit to serve in the judiciary as the vetting board chaired by Sharad Rao said she delayed cases and in so doing delayed justice.
Justices Emmanuel Okubasu, Riaga Omollo, Samuel Bosire, and Joseph Nyamu were similarly found to be of wanting integrity and were shown the door after several years of experienced service at the helm of Kenya’sjudiciary.
The vetting board said the judges did not exhibit the integrity test required of them as judicial officers. The board blamed the judges for lacking independence, showing bias towards the high and mighty in society, favouring impunity and limiting democratic expression. Exactly as we predicted @ JUKWAA. I am glad the vetting board is hearing from the public - including some of us @ JUKWAA who wrote to them. This was definitely coming because there's no way a Judge with such profile below would have passed the integrity test:
Justice Jeanne Wanjiku Gacheche:
Justice Jeanne Gacheche
Justice Gacheche’s career highlights:
• Rejected (on grounds of misconduct) by lawyers in Eldoret, Kisii, Meru and Nakuru. Was verbally abusive and extremely arrogant to lawyers in the 4 towns – Chief Justice Gicheru eventually recalled and stationed her in Nairobi
• Promoted (despite little experience) to fill in the shoes of Justice Nyamu as the second head of the Gicheru-created, Constitutional and Judicial Review Division of the High Court – which has proved to be the single biggest impediment to prosecution of mega corruption in Kenya.
It is this division that cites ‘constitutional rights’ to prevent the likes of Chris Murungaru and other Anglo-Fleecers from being investigated by KACC or prosecuted in courts.
• Assigned perennially, alongside Justices Nyamu, Wendoh and Njagi, to handle high-stake cases sensitive to the executive (PNU) arm of government – with very predictable outcomes. Case point – the politically-motivated IIBRC suit.
• Ruled perennially in favour of big corporation lawyers – occasionally ordering huge corporate payouts, such as this (below) where taxpayers were ordered to pay big bucks to Total (K) www.businessdailyafrica.com/Corp ... index.html
What are some of her significant (& specific) rulings - suggesting probability that she may soon have little interest in undergoing vetting?
• Pre-emptive stoppage of publication of 80 constitutionally created constituencies for Kenya...a politically motivated decision which was later quashed in a higher court....
• In a case where a scrupulous insurance company (Directline Assurance Company) refused to compensate 659 accident victims over Sh 300 million for emergency medical treatment (& upkeep money for orphaned children), even before the insurer’s lawyer responded, Justice Gacheche adjourned the case without being asked by the Insurer's lawyer, giving the company unsolicited reprieve while victims continue suffering no treatment and help.
Paul Muite, representing the victims said of the ruling ‘this is strange jurisprudence and a precedent hitherto unknown in this country’.
Victims have been petitioning the Chief Justice to reassign the case, citing the Judge’s very suspicious conduct. www.nation.co.ke/News/Protest%20 ... index.html
• While sitting in Eldoret, Justice Gacheche issued an order at night to the Nairobi-based directors of CharterHouse Bank, to enter the bank building that had earlier been sealed by police pending collection of evidence. By morning, the Shah family (connected to alleged drug baron Harun Mwau) were confident there would be no case against the Bank.
Some MPs, the AG, Police and even Treasury, now want the bank reopened (claiming ‘no evidence of wrong-doing’) despite US and EU veiled threats at terminating banking transactions with all Kenyan banks.
The US and EU, with deep interest in stopping money laundering will be closely watching whether Justice Gacheche will boldly submit herself for vetting.
• Justice Gacheche stopped AG Amos Wako and KACC from filing criminal charges for a Sh 41 million fraud case (defrauding KNH) against Naivasha MP John Mututho based on - your guess is right - ‘constitutional rights’.
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Post by b6k on Aug 3, 2012 17:42:14 GMT 3
kamaletThis one definitely calls for celebration! How about two cold ones on my account at Birongo Square majioni? hehehe Justice Gacheche may as well have openly served as PNU Secretary for Legal Affairs during the time she was a judge. A fierce defender of status quo and an avowed merchant of impunity, I say GOOD RIDDANCE! Another top judge fails integrity test By Digital Reporter
High Court judge Justice Jean Gacheche became the latest scalp to be claimed by the Vetting Board after she was found unsuitable to continue serving in the Judiciary.
A verdict delivered by the Vetting Board accused Justice Gacheche of using her powers inappropriately and failing to follow the text and spirit of the Constitution.
She was accused of eroding the confidence of the judiciary with her questionable rulings as she exhibited severe deficiencies as judge.
The Vetting Board however did not find any evidence or complaints of corruption during her service but found her responses to complaints raised as inadequate.
Three more judges were cleared to serve. Justices Wanjiru Karanja, Jessy Lessit and Msagha Mbogholi were found as suitable to continue presiding over cases in the judiciary.
Gacheche joins the list of failed judges that includes Justice Mohammed Ibrahim of the Supreme Court who was found unsuitable to serve in the judiciary due to inordinate delay in delivering judgments.
Court of Appeal Judge Roselyn Nambuye was recently found unfit to serve in the judiciary as the vetting board chaired by Sharad Rao said she delayed cases and in so doing delayed justice.
Justices Emmanuel Okubasu, Riaga Omollo, Samuel Bosire, and Joseph Nyamu were similarly found to be of wanting integrity and were shown the door after several years of experienced service at the helm of Kenya’sjudiciary.
The vetting board said the judges did not exhibit the integrity test required of them as judicial officers. The board blamed the judges for lacking independence, showing bias towards the high and mighty in society, favouring impunity and limiting democratic expression. This was definitely coming because there's no way a Judge with such profile below would have passed the integrity test:
Justice Jeanne Wanjiku Gacheche:
Justice Jeanne Gacheche
Justice Gacheche’s career highlights:
• Rejected (on grounds of misconduct) by lawyers in Eldoret, Kisii, Meru and Nakuru – Chief Justice Gicheru eventually stationed her in Nairobi
• Promoted to fill in the shoes of Justice Nyamu as the second head of the Gicheru-created, Constitutional and Judicial Review Division of the High Court – which has proved to be the single biggest impediment to prosecution of mega corruption in Kenya.
It is this division that cites ‘constitutional rights’ to prevent the likes of Chris Murungaru and other Anglo-Fleecers from being investigated by KACC or prosecuted in courts.
• Assigned perennially, alongside Justices Nyamu, Wendoh and Njagi, to handle high-stake cases sensitive to the executive (PNU) arm of government – with very predictable outcomes. Case point – the politically-motivated IIBRC suit.
• Ruled perennially in favour of big corporation lawyers – occasionally ordering huge corporate payouts, such as this (below) where taxpayers were ordered to pay big bucks to Total (K) www.businessdailyafrica.com/Corp ... index.html
What are some of her significant (& specific) rulings - suggesting probability that she may soon have little interest in undergoing vetting?
• Pre-emptive stoppage of publication of 80 constitutionally created constituencies for Kenya...soon to be water under the bridge.
• In a case where a scrupulous insurance company (Directline Assurance Company) refused to compensate 659 accident victims over Sh 300 million for emergency medical treatment (& upkeep money for orphaned children), even before the insurer’s lawyer responded, Justice Gacheche adjourned the case without being asked by the Insurer's lawyer, giving the company unsolicited reprieve while victims continue suffering no treatment and help.
Paul Muite, representing the victims said of the ruling ‘this is strange jurisprudence and a precedent hitherto unknown in this country’.
Victims have been petitioning the Chief Justice to reassign the case, citing the Judge’s very suspicious conduct. www.nation.co.ke/News/Protest%20 ... index.html
• While sitting in Eldoret, Justice Gacheche issued an order at night to the Nairobi-based directors of CharterHouse Bank, to enter the bank building that had earlier been sealed by police pending collection of evidence. By morning, the Shah family (connected to alleged drug baron Harun Mwau) were confident there would be no case against the Bank.
Some MPs, the AG, Police and even Treasury, now want the bank reopened (claiming ‘no evidence of wrong-doing’) despite US and EU veiled threats at terminating banking transactions with all Kenyan banks.
The US and EU, with deep interest in stopping money laundering will be closely watching whether Justice Gacheche will boldly submit herself for vetting.
• Justice Gacheche stopped AG Amos Wako and KACC from filing criminal charges for a Sh 41 million fraud case against Naivasha MP John Mututho based on - your guess is right - ‘constitutional rights’.
Job, it's definitely celebration time now that the judges of questionable (but not proven corrupt) character are slowly being weeded out. Now for the sake of regional balance how about posting Justice Riaga Omollo's career highlights? They are bound to be just as stellar as Gacheche's given they both have similar "red cards"
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Post by job on Aug 3, 2012 17:53:56 GMT 3
Job, it's definitely celebration time now that the judges of questionable (but not proven corrupt) character are slowly being weeded out. Now for the sake of regional balance how about posting Justice Riaga Omollo's career highlights? They are bound to be just as stellar as Gacheche's given they both have similar "red cards" b6k, For the record, I not only opposed Justice Omollo's bid to take over from Gicheru as CJ, but also celebrated his expulsion from the Judiciary. I have no time for all the old-establishment Judges!Your primordial instincts could be misleading you to predict how I reacted to Omollo's misfortunes under the new Judiciary - but they can't be more wrong. You can do better than hold baseless assumptions. It's actually pathetic to accuse others of what (negative ethnicity) you yourself fall for (Hypocrisy )
Check below (scroll to the bottom post in the thread) paying attention to the date too.jukwaa.proboards.com/index.cgi?board=general&action=display&thread=5500&page=18 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 akinyi2005 on Aug 3, 2012 22:13:00 GMT 3
b6k, you owe job an apology..... once again.
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Post by einstein on Aug 3, 2012 23:15:15 GMT 3
b6k, you owe job an apology..... once again. May be it was a good idea for B6K to lurk rather than directly engage Jukwaa. Now, look at this embarrassment. May be B6K wants to reconsider his mode of engagement on the board ?
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Post by b6k on Aug 4, 2012 0:20:31 GMT 3
Job, it's definitely celebration time now that the judges of questionable (but not proven corrupt) character are slowly being weeded out. Now for the sake of regional balance how about posting Justice Riaga Omollo's career highlights? They are bound to be just as stellar as Gacheche's given they both have similar "red cards" b6k, For the record, I not only opposed Justice Omollo's bid to take over from Gicheru as CJ, but also celebrated his expulsion from the Judiciary. I have no time for all the old-establishment Judges!Your primordial instincts could be misleading you to predict how I reacted to Omollo's misfortunes under the new Judiciary - but they can't be more wrong. You can do better than hold baseless assumptions. It's actually pathetic to accuse others of what (negative ethnicity) you yourself fall for (Hypocrisy )
Check below (scroll to the bottom post in the thread) paying attention to the date too.jukwaa.proboards.com/index.cgi?board=general&action=display&thread=5500&page=18 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: Job, I think you misread my request. I know you celebrated Omollo's ouster but what you posted was a general observation on all three judges. My request to you was to provide for Omollo a detailed career highlights as you have done for Gacheche.
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Post by b6k on Aug 4, 2012 0:27:01 GMT 3
b6k, you owe job an apology..... once again. May be it was a good idea for B6K to lurk rather than directly engage Jukwaa. Now, look at this embarrassment. May be B6K wants to reconsider his mode of engagement on the board ? Akinyi, apology? This time around I think not. Einstein, a return to lurking mode? Not just yet. Job hasn't provided the information I requested so where's the embarrassment in that? This is the best of times to be fully engaged in Jukwaa ;D
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