Nairobi man wants JSC to probe judge in Ford-K case
A man has asked the Judicial Service Commission to investigate Justice James Makau for suspending Ford Kenya leadership changes.
Wycliffe Boiyo, a Nairobi resident, said Makau did not properly handle the petition by Bungoma Senator Moses Wetang’ula against his removal as party leader.
Wetang'ula filed the case after some party officials and the National Executive Committee replaced him by Kanduyi MP Wafula Wamunyinyi on May 31.
The complaint was filed on June 22, days after Makau barred Registrar of Political Parties Anne Nderitu from effecting the changes.
Makau issued the orders on June 15, hours before the maturity of Nderitu’s notice in the Kenya Gazette seeking views on the proposed replacement of Wetang’ula.
The judge directed the party to serve the Registrar, Esseli Simiyu (Ford-K secretary general) and Wamunyinyi with its application before the mention on June 29.
Boiyo argued the judge’s order was mischievous and was meant to frustrate the changes.
“When the Honourable Judge certified the petitioner’s application dated 15th June, 2020 as urgent he gave directions for service of the application and filing of responses. He then directed that the matter be mentioned on 29th June, 2020,” Wanjala said in the complaint letter to JSC.
“I find this to be mischievous plot by the judge to ensure that the conservatory orders he granted would be extended on 29th June 2020. If the matter was urgent, why did he not fix the application for hearing on 29th June 2020, and not just mention or if he wanted a mention to confirm service and filing of responses why did he not fix a mention on a day earlier than 29th June, 2020?”
He further claims the June 15 orders are nothing but a plot to delay hearing of the case.
On June 18, Wamunyinyi's faction challenged the High Court order arguing it was premature and improper because the court lacks the power to hear fresh disputes in political parties.
According to Boiyo, the court ought to have made a decision about Wamunyinyi’s questioning of the jurisdiction rather than fixing the application for mention.
“In my understanding when a question of jurisdiction is raised, it must be addressed first before the court can deal with any other issue,” he said.
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