Judge Odunga defends his rulings before JSC interview panel

High Court Judge George Odunga yesterday defended his judgments during an interview for the post of Appeal Court judge.

Justice Odunga was asked to explain the decisions he made, mostly against the government. He said all his rulings were clear and influenced only by the Constitution and applicable laws. 

“I have made decisions against and in favour of the government. I have made decisions even against the Judicial Service Commission. In all my decisions, it is clear that I can't be influenced by any factor other than the Constitution and the law. I am a staunch Catholic but I have never allowed my religious beliefs to affect my decisions,” he said.

He was asked by commissioner Macharia Njeru whether he thought of consequences when he declared as unprocedural the appointments of returning officers for the 2017 general election a day to the repeat poll.

“There was illegality in the appointments and although I declared it unconstitutional, I declined to grant the reliefs the petitioners sought,” he said.

The judge added that if a decision is likely to lead to anarchy, he may not grant the reliefs.

“Based on the arguments before me and applying the law, there was illegality. Disaster kicks in when we don’t follow the law. That notwithstanding, I declined to grant the reliefs,” he said.

Asked by Attorney General Kihara Kariuki on judicial activism and the perception that his decisions were anti-government, Justice Odunga defended his tenure at the Judicial Review Division in Nairobi.

“The Constitution requires the court to develop the law and give effect to the rights and freedoms espoused in the Constitution. It may be construed to mean judicial activism, but the law has to be developed,” he said.

Stephen Radido, a judge at the Employment and Labour Court, was taken to task over his decision to reinstate Ezra Chiloba at the Independent Electoral and Boundaries Commission CEO.

Justice Mohamed Warsame sought to know whether he considered public interest when making the decision. Radido maintained that the electoral agency was wrong as it had not followed its manual and procedures when sending Chiloba on compulsory leave, pending the outcome of investigations.

Earlier on, lawyer Kariuki Mwangi, an advocate who has been in private practice for the last 32 years, was interviewed.