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Karua challenges JSC decision to dismiss complaint against Judge Gitari

 

Narc Kenya Party leader Martha Karua has moved to the high court challenging the decision by JSC to dismiss her complaint against Justice Lucy Gitari.

Karua had presented a complaint to the JSC asking for the removal of Judge Gitari on grounds of incompetence and gross misconduct because of how she handled her election petition against Kirinyaga Governor Anne Waiguru.

She wants the court to quash the decision of the JSC that dismissed her complaint against Justice Gitaru.

She further asked the court to direct the Secretary of the JSC to release to her within seven days the record of its proceedings that dismissed her complaint summarily.

Through lawyer Gitobu Imanyara, the politician says the case raises serious allegations against a sitting judge of the high court which was referred to JSC who dismissed the complaint without giving her an opportunity to make representation.

“The determination of JSC was communicated to the applicant after a long and unexplained delay in a letter that did not contain reasoned determination,” he said.

Karua says Justice Gitari failed in her duty and her own assurance to conduct a full inquiry regarding the disappearance of my electronic evidence within the court's custody.

She has accused Judge Gitari of denying her a chance of referring to and  relying on forms 37A and B supplied by the by IEBC pursuant to her own orders of scrutiny

“The conduct of Justice Gitari revealed incompetence, corruption and inability to perform her duties in accordance with her oath of office and ought to have investigated by JSC following the complaint,” reads court papers.

Karua further argues that JSC has no authority under the constitution to brush aside a complaint that raises issues that go to the core of the justice system like loss of exhibits in the court's hands and serious procedural failures that point to incompetence corruption or both

It is her argument that if not dealt with, there is a real and present danger that JSC will entrench the practice of not giving complaints the opportunity to be present at the hearing of the complaints

She says the process of hearing of complaints is so important a governance process that it should not be allowed to carry on with lingering questions and doubts as to its transparency and accountability.

“In my case the purported reasons given by JSC do not meet the legal threshold of reasons under the constitution and Fair administrative Act and they failed to provide reasons for its determination,” Karua argues.

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