Maraga transfers 14 Court of Appeal judges

Chief Justice David Maraga opens a new court at Makindu on January 31 as Makueni Governor Kivutha Kibwana looks on. /COURTESY
Chief Justice David Maraga opens a new court at Makindu on January 31 as Makueni Governor Kivutha Kibwana looks on. /COURTESY

Chief Justice David Maraga has transferred 14 Court of Appeal judges barely a week after he moved senior High Court judges.

In the latest changes, Lady Justice Roselyn Nambuye has been moved from Nairobi to Nyeri alongside Justice Daniel Musinga.

The two have been swapped with Justice Sankale ole Kantai and Lady Justice Fatuma Sichale.

Others affected by the changes in Nairobi are Justice Gatembu Kairu and Lady Justice A.K. Murgor who have been moved to Malindi while justices A. Makhandia, Patrick Kiage and Otieno-Odek have all been moved to Kisumu.

Makhandia, Kiage and Odek have been replaced in Nairobi with Lady Justice Jamila Mohammed, Hannah Okwengu and Erastus Githinji.

Justice Kairu and Murgor have been replaced by Lady Justices Wanjiru Karanja and Martha Koome, who now move from Malindi to Nairobi.

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In a statement on Monday, deputy director public affairs and communication Catherine Wambui said the redeployment

is normal and routine.

"The deployment has been done by the Hon Chief Justice in consultation with the President of the Court of Appeal," Wambui said.

According to the Court of Appeal Transfer Policy,

appellate judges are required to serve in one station for a period of two years only.

Wambui, however, said Justice Alnashir Visram and Justice Phillip Waki

will remain

at their current stations "owing to their impending retirement later in the year".

Visram serves in Malindi while Waki is in Nairobi.

Justice Githinji is also due for retirement later in the year but he was moved from Kisumu to Nairobi.

Justices Mohammed Warsame, Kathurima M’Inoti,

and Appellate Court president William Ouko will remain in their Nairobi station.

Wambui said the changes take effect from April 8.

On February 4, Maraga transferred several senior High Court judges in what he said was based on a needs assessment.

Among those moved was Constitutional Judge Chacha Mwita. He was transferred to the High Court in Kajiado and was replaced by Justice Welson Korir from Malindi.

Another notable change was that of Justice George Odunga who was moved from Nairobi to Machakos.

Odunga was replaced at the Judicial Review Division by Justice Pauline Nyamweya, who was previously at the High Court in Machakos.

Observers saw the changes as Maraga's response to criticism from the Executive over alleged complacency by some judicial officers in the fight against corruption.

On January 24 during the anti-corruption conference at Bomas, President Uhuru Kenyatta told Maraga to rein in on the judges perceived to be stumbling blocks in the fight against corruption or “we will help you do so”.

Among the accusations levelled against the Judiciary is the giving of minimal bails, anticipatory arrest orders and injunctions to suspects.

Maraga, however, defended his team saying the Judiciary is independent and judges will always abide by the rule of law.

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