[2012] KEHC 5744 (KLR)
The court determined that it would be improper to proceed with the petition while the judges who are the subject of the determination have not yet exhausted their right of review as provided under the Vetting of Judges and Magistrates Act. The court therefore stayed the petition until the review process is completed...
Source-derived case information.
- Citation
- [2012] KEHC 5744 (KLR)
- Parties
- Applicant: African Centre for International Youth Exchange (ACIYE); Applicant: John Abok Garang; Applicant: Caleb Okech; Respondent: The Judges and Magistrates' Vetting Board
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 326 of 2012
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Application
- Outcome
- Petition stayed pending exhaustion of right of review by the judges.
- Judges
- DAS Majanja
- Legal Topics
- Judicial Vetting, Right to Fair Hearing, Discrimination, Conservatory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
African Centre for International Youth Exchange (ACIYE)
Applicant
John Abok Garang
Applicant
Caleb Okech
Applicant
The Judges and Magistrates' Vetting Board
Respondent
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the operation of section 22(2) of the Vetting of Judges and Magistrates Act should be stayed pending hearing.
- 2 Whether Justices Mohamed Ibrahim and Lady Justice Nambuye have been subjected to discriminatory and differential treatment.
- 3 Whether the petition should proceed before the judges' right of review is exhausted.
Ratio Decidendi
The court determined that it would be improper to proceed with the petition while the judges who are the subject of the determination have not yet exhausted their right of review as provided under the Vetting of Judges and Magistrates Act. The court therefore stayed the petition until the review process is completed and a decision is delivered by the Board. The court also drew attention to the precedent upholding the constitutionality of the Vetting of Judges and Magistrates Act, reinforcing the need to respect the statutory process before judicial intervention.
Court Disposition
Petition stayed pending exhaustion of right of review by the judges.
Orders
- The petition is stayed until the judges' right of review is exhausted by delivery of a decision by the Board.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH OF KENYA AT NAIROBI
MILIMANI LAW COURTS
Petition 326 of 2012
AFRICAN CENTRE FOR INTERNATIONALYOUTH EXCHANGE (ACIYE)........................................1ST PETITIONER
JOHN ABOK GARANG...................................................................................................................2ND PETITIONER
CALEB OKECH................................................................................................................................3RD PETITIONER
AND
THE JUDGES AND MAGISTRATE’SVETTING BOARD................................................................RESPONDENT
RULING
The application dated 30th July 2012 seeks an order that pending the hearing of this matter inter-parties, this court be pleased to issue a conservatory order staying operation of section 22(2) of the Vetting of the Judges and Magistrate’s Act.
In the petition dated 30th July 2012, the petitioners seek declaration that Justices Mohamed Ibrahim and Lady Justice Nambuye have been subjected to discriminatory and differential treatment. The two judges who have been subject of determination are yet to exercise their right of review and it would be improper for this matter to proceed as suggested in the petition. The petition is therefore stayed until the judges right of review is exhausted by delivery of a decision by the Board.
In the meantime, I wish to draw counsel’s attention to the three judge decision in the case of Denis Mogambi Mong’are v the Attorney General and OthersNairobi Petition 146 of 2011 (Unreported) which dealt with the constitutionality of the Vetting of the Judges and Magistrates Act.
DATED and DELIVERED at NAIROBI this 31st day of July 2012
D.S. MAJANJA
JUDGE