The Judicial Service Commission (JSC) has accepted a petition seeking the removal of three High Court judges for alleged violations of the code of conduct, incompetence and gross misconduct.
The petitioner, Ituni Ward Councilor Wycliffe Siocha, is seeking the removal of three people for their alleged involvement in a petition seeking to prevent the impeachment of Kisii Deputy Governor Robert Monda from office. The Senate supported impeachment.
The judges are Francis Raiola Ochieng Odhiambo Orel and Eric Ogola of the Milimani High Court in Nairobi and Margaret Muigai of the Machakos High Court.
The MCA said in the petition that after being removed from office by both the Kisii County Assembly and the Senate, Dr. Monda filed the suit by his representative, Jared Mailula Latemo, despite having no jurisdiction over Leiola. It has informed the JSC that the judge has issued instructions in this regard.
“The Honorable Judge acknowledged that his court was not the appropriate forum to raise this issue as the petition touched on issues that had arisen in the Senate and, by extension, in the Kisii County Assembly. If so, the judge would be expected to transfer the matter to the Kisui High Court where the cause of action arose,” the petition reads.
However, Mr. Siocha said that in what he called an unprecedented move, Judge Layola had decided to grant Mr. Latemo's interim order prohibiting the publication of a gazette notice declaring the position of commander-in-chief vacant. told.
Justice Raiola further directed that the matter be transferred and referred to Justice Ogola in the High Court in Milimani, Nairobi on April 10. Once the case began in Nairobi, Siocha pointed out that Latemo withdrew the case and Judge Ogola approved the closure of the case. File.
All of this happened while the county council was not listed as a respondent or an interested party, the petitioner said.
“The interim orders issued by Judge Raiola are having a negative impact on the Kisii County Assembly as they have been issued irregularly and are deliberately and subtly kept out of cases which are yet to be heard,” Siocha asserted.
He told the JSC that Judge Muigai “technically extended the interim order issued by Judge Rayola and further expanded the scope of the order in the interests of Dr. Monda, who is the intended beneficiary. It gave an unfair advantage to the appellants.”
Justice Ogola is accused of directing that the matter be heard again on April 4 after the case in Nairobi involving the e-filing portal was withdrawn. The development was “strange,” Siocha said.
District representatives further allege that the judges orchestrated a plan to assist the petitioners in defeating the county council's efforts to defeat the case.
