Court review: Judicial hierarchy tested as court declines to stop judges' interviews

Wheels of Justice: These were some of the prominent cases in court this week.

In Summary
  • On Friday, the interviews entered Day five with the Commission having interviewed 31 candidates with 69 more to go.
  • The JSC is looking to fill 20 vacant positions of the Judge of the High Court.
The Supreme Court in Nairobi.
The Supreme Court in Nairobi.

The Supreme Court on Friday said the decision it made to ban Senior Counsel Ahmednassir Abdullahi from appearing before it cannot be reviewed before the High Court.

Opposing a case filed by the Law Society of Kenya (LSK), the Apex Court said the High Court does not have jurisdiction over it.

Whether the decision is administrative or pretrial, Justice Chacha Mwita heard that it cannot be subjected to a constitutional petition in the High Court as has been done by the LSK.

"This court has no jurisdiction. The petition is a non-stata. The reliefs, and prayers being sought show they are a mischief in which petitioner seeks this court to engage in,” he said.

Retired runner Kiptum, coach Simbolei sentenced by JKIA court

A retired athlete and a coach were on Tuesday sentenced by the JKIA court to a total of two and half years for fabricating documents to tarnish Kenya’s image as a doping haven.

Elias Kiptum and coach Paul Simbolei were found guilty of fabricating doping allegations against top athletes and sharing them with foreign media.

Senior Principal Magistrate Njeri Thuku heard that they prepared documents purporting that doping was being promoted and encouraged by several state agencies in the country, to have Kenya suspended from participating in the Olympics.

The offences were committed on diverse dates between September 16, 2019, and April 18, 2020.

Simbolei, who was found guilty of one count of the 13 offenses, was acquitted after the court ruled that he had already served two years during the pre-trial detention.

Court revokes Ketraco boss's suspension

Kenya Transmission Electricity Company (Ketraco) General Manager Anthony Wamukota heaved a sigh of relief after the labor court declared the suspension from office as unlawful.

Justice Byrum Ongaya said the suspension was enforced in violation of fair labour practices making the whole process unprocedural.

The Judge agreed with Wamukota that the company overlooked its human resource policy and procedures manual when it decided to suspend him from office.

The suspension was made during a special general meeting under the express directions of the Ethics and Anti-corruption Commission

Wamukota said the Ketraco board neither called him nor asked him to respond to any allegations before taking the drastic action.

DJ Joe Mfalme to be a state witness in murder case

The State on Monday told the Kibera Magistrate's Court that DJ Joe Mfalme will be a state witness in the murder case of Kabete Police Detective Felix Kelian.

The Director of Public Prosecutions in a letter dated April 5, 2024, advised the second to the seven respondents be witnesses in the case.

Including DJ Joe, they are Eric Kariuki Gathua, Simon Wambugu Wanjiru, Khadija Abdi Wako, Sammy Cheruiyot Rotich and Agnes Kerubo Mogoire.

In the same letter, the DPP charged the first respondent Allan Ochieng' with the murder.

Kibera court Magistrate Margaret Murage closed the miscellaneous file, which facilitated the release of DJ Joe and the five others.

Havi dealt a blow as court declined to stop High Court Judges' interviews

The Court on Monday dealt a blow to Advocate Nelson Havi after it declined to stop the ongoing interviews for High Court Judge.

Labour Court Judge Byrum Ongaya said the petitioner failed to prove that the Judicial Service Commission commenced the process in a manner that was not consistent with the constitution.

Havi filed the case last month seeking to stop the interviews for several reasons.

He argued that the JSC violated the constitution by allowing the outgoing Commissioner Macharia Njeru to participate in the making of major decisions on grounds that he lacks the representative legitimacy and mandate of advocates.

He argued that Njeru ceased having the representative legitimacy and mandate of advocates to the commission following the election of Omwanza Ombati who is scheduled to assume office on May 14.

On Friday, the interviews entered Day five with the Commission having interviewed 31 candidates with 69 more to go.

The JSC is looking to fill 20 vacant positions of the Judge of the High Court.

WATCH: The latest videos from the Star