President Kenyatta suspends JSC and orders probe.

Ab-Titchaz

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PRESIDENT KENYATTA SUSPENDS JSC MEMBERS



President Uhuru Kenyatta has suspended the six members of the Judicial Service Commission pending investigations into their conduct.

The President has appointed a tribunal chaired by Justice Aaron Ringera to investigate the matter. Other members of the tribunal are Jennifer Shamallah, Ambrose Otieno Weda and Mutua Kilaka.The tribunal will also determine if there are grounds to remove any or all members of the JSC after their investigations.

The six suspended commissioners are:
Prof. Christine Mango, Ahmednassir Abdulahi, Hon. Justice Mohamed Warsame,
Emily Ominde, Reverend Samuel Kobia and Florence Mwangangi.

The JSC has been involved in wrangles following allegations of corruption in the Judiciary. The allegations led to the sacking of Judiciary Chief Registrar Gladys Shollei who is accused of financial impropriety that led to the loss of over Sh2 billion. Shollei has however denied the allegations and has since moved to court to challenge her sacking.

President Kenyatta suspends JSC members | The Star
 
President Uhuru Muigai Kenyatta has caved in today to parliamentary pressures to send packing one of the most partisan Judicial Commission in Kenyan history that conspired to sack Shollei Boss from her Chief Registrar perch.

President Kenyatta has formed a presidential commission to investigate the conduct of six commissioners which include three women and three men topping that list is no other than the most controversial lawyer Ahmednasir who in his Twitter account found the audacity to refer a matured woman in Shollei as that gal......................................just imagine.

Retired Justice Ringera has been appointed to head that four member inquiry commission. Under Kenyan constitutional order the president has powers to sack members of JSC if advised by the presidential commission of inquiry. The problem for Kenyatta is the choice of retired justice Ringera to head that commission is in itself controversial. Ringera a one time CEO of Integrity centre was infamous for promising to catch "big fish" but he ended his career there unceremoniously following Kibaki controversial extension of his contract without following the laid down procedure. Ringera is considered pro status quo and unlikely to do justice to the accused because Shollei is perceived as a natural successor to Chief Justice Willy Mutunga and the executive will do anything to salvage whatever is left of her character necessary to qualify and be the future Chief Justice in waiting............................................ More details later.
 
ha haaaaaaaa siamini Ahmednassir nae kasimamishwa

Uhuru keshamsahau swahiba wake?

kweli wakikuyu sio watu lol
Click to expand...

In politics only interests are permanent....friends are mere temporary....Ahmednasir is just a political paw to be used and dumped.....................
 
That's good, huyo ndo rais anayefaa mwenye uwezo wa kufanya maamuzi ya maana. Maana wengine wanaweza kufanya maamuzi magumu yasiyo na maana.
 
hana lolote huyo waiting jail bird,hapo kuna mtu wanamuandalia njia,chezea kikuyu wewe.
 
Bigbro said:
That's good, huyo ndo rais anayefaa mwenye uwezo wa kufanya maamuzi ya maana. Maana wengine wanaweza kufanya maamuzi magumu yasiyo na maana.
Click to expand...

ungemshauri kwanza aende the Haque baadala ya kuomba huruma ya AU dhidi ya uovu aliofanya kwa wakenya masikini
 
UPROAR AS UHURU GOES FOR THE JUDICIARY



In Summary



  • The decision drew immediate reaction from the Law Society of Kenya, with chairman Eric Mutua saying that this will open fresh battle lines between the executive and the judiciary and that it is likely to be inconsequential unless the court order is lifted.
  • Senior Counsel Paul Muite who is the Judicial Service Commission lawyer in their dispute with the National Assembly over the suspension of the six commissioners, said he was surprised at the president’s action on parliament’s recommendation.
  • Siaya Senator James Orengo termed the President’s move as “unfortunate and tragic”, saying it undermined the independence of the judiciary.

A constitutional crisis is looming following President Uhuru Kenyatta’s suspension of six members of the Judicial Service Commission despite a court order.

The president suspended Commissioners Ahmednassir Abdullahi, Rev Dr Samuel Kobia, Justice Mohammed Warsame, Prof Christine Mango, Chief Magistrate Emily Ominde and Ms Florence Mwangangi through a Gazette Notice and appointed a tribunal to investigate their conduct.

Retired Judge Justice Aaron Ringera will chair the four-member tribunal with lawyer Ambrose Weda, Jennifer Shamalla and Mutua Kitaka will be members.

But the President did not name a lead counsel to present evidence to the commission or a secretary to act as chief executive officer to set up the offices and venue for the hearings.

The Judicial Service Commission now has only five members and this is likely to cripple its work for lack of quorum.

At least six members are required at any meeting while three are needed to sit in any sub-committee.

The decision drew immediate reaction from the Law Society of Kenya, with chairman Eric Mutua saying that this will open fresh battle lines between the executive and the judiciary and that it is likely to be inconsequential unless the court order is lifted.

“The tribunal may end up not sitting because none of them will like to be cited for contempt of court. The commission will not sit back; they will not appear before that tribunal. In fact it is easier for them to deal with the tribunal than parliament; they will just go and wave the court order at the chairman and nothing will proceed,” said Mr Mutua.

According to Mr Mutua, the suspension of the six sets a bad precedent by the President who should uphold the rule of law.

“He should have pursued reconciliation and called the Chief Justice and Speaker of the House to bring some sense to the two arms. It is like he made a wise political decision to appease parliament because he needs the MPs more than he needs the judiciary,” said Mr Mutua.

Senior Counsel Paul Muite who is the Judicial Service Commission lawyer in their dispute with the National Assembly over the suspension of the six commissioners, said he was surprised at the president’s action on parliament’s recommendation.

“Article 3 of the constitution bounds the president to respect, uphold and defend the constitution and the rule of law. He has gone against the provisions of the rules he swore to defend,” said Mr Muite. He added that he will consult the judicial commission for instruction on what to do next after the president appointed the tribunal.

Siaya Senator James Orengo termed the President’s move as “unfortunate and tragic”, saying it undermined the independence of the judiciary.

“The grounds on which Parliament’s recommendation to ask the president to form a tribunal to investigate commission do not meet the threshold set out in the constitution. I do not think that the grounds listed amount to serious breach of the constitution, gross misconduct, incompetence, physical or mental incapacity or bankruptcy. By his actions, the president has reversed the gains Kenya has made towards entrenching the independence of the judiciary,” Mr Orengo said.

The president in his statement however said that he had met both the chief justice, Dr Willy Mutunga and Speaker Justin Muturi, to discuss the issue before he arrived at the conclusion to form the tribunal.

“The two -week hiatus between the receipt of the Petition and the formation of the Tribunal was for me to understand and mediate the perceived conflict between the National Assembly and the Judiciary. It is for this reason that I called for the tripartite meeting with the CJ and the Speaker of the National Assembly. I have met both of them and I am happy to state that the three arms of Government are working in harmony within the confines of the Constitution,” said Mr Kenyatta.


​
The president added that although the judiciary had made great strides in its reform agenda, it has its challenges and the recent investigations into the conduct of the JSC members is a sign of bright future for the judiciary.

“The allegations of financial interference and obstruction of justice are serious in nature and therefore require investigations by an independent and impartial tribunal,” said the president.

The tribunal’s mandate will include investigating the allegations raised against the commissioners which were the subject of a petition before the National Assembly and which formed the basis for their suspension.

In the event that the tribunal proves the allegations, they will recommend to the president to sack the six commissioners.

Justice George Odunga had stopped the removal of the six members in a dispute that has shaped the battle for separation of powers between the Judiciary and the National Assembly.

Parliament has however refused to enter appearance in the suit in a move seen as a response to refusal by judiciary commissioners to appear before them when they were investigating their fall-out with former Chief Registrar Gladys Shollei.

Uproar as Uhuru goes for Judiciary - Politics - nation.co.ke
 
CORD TEAM TELLS UHURU TO KEEP OFF THE COURTS



By MOSES ODHIAMBO

 [h=3]In Summary
[/h]
  • Siaya Senator James Orengo and his Homa Bay counterpart Otieno Kajwang asked President Kenyatta to respect the constitutional principle of separation of powers, and to stop meddling in the affairs of other arms of government.
  • The leaders challenged President Kenyatta to address rising insecurity in Turkana, Kisumu, and Garissa, adding that the Nyumba Kumi initiative will not work if the root causes of insecurity are not addressed.

Cord senators on Saturday condemned Executive's interference in Judiciary affairs by appointing a tribunal to investigate six members of the Judicial Service Commission.


Siaya Senator James Orengo and his Homa Bay counterpart Otieno Kajwang asked President Kenyatta to respect the constitutional principle of separation of powers, and to stop meddling in the affairs of other arms of government.

"We want the President to reconsider his decision to appoint a tribunal to investigate six members of the Judicial Service Commission; such interference must not be allowed," Mr Kajwang said at the funeral of Nyakach MP Aduma Owuor's parents in Kisumu County. "How do we expect the judiciary to operate without quorum at the JSC?"

The leaders challenged President Kenyatta to address rising insecurity in Turkana, Kisumu, and Garissa, adding that the Nyumba Kumi initiative will not work if the root causes of insecurity are not addressed.

Mr Orengo asked the Jubilee administration to uphold the rule of law in appointments, especially in the police service.

He also challenged the government to communicate its policy on security and challenges facing security agencies.

Homa Bay Women representative Gladys Wanga warned that the lack of quorum at JSC would slow down judicial reforms.

"We want to tell President Kenyatta and his Deputy William Ruto that we are watching them; the energies being placed in fighting Parliament and the Judiciary should be used in the fight against corruption, insecurity and poverty," she said.

Kisumu West MP Olago Aluoch said the peace being preached by the government could only be achieved if security is restored in troubled areas.

"The government has failed to protect the people; we want the President to come to Parliament and give a blue print on their plan to tame insecurity."

The leaders who attended the funeral accused the government of having a hand in the heightened insecurity to justify their none appearance at the ICC.

"We know that the government has a hand in the insecurity," said Ugenya MP David Ochieng.

Cord team tells Uhuru to keep off court affairs - News - nation.co.ke
 
The Boss said:
ha haaaaaaaa siamini Ahmednassir nae kasimamishwa

Uhuru keshamsahau swahiba wake?

kweli wakikuyu sio watu lol
Click to expand...

Tena Ahmednassir ndo kikwazo kikubwa JSC tusubiri uchunguzi...hata Chief Justice yuko mashakani
 
Crucial Man said:
hana lolote huyo waiting jail bird,hapo kuna mtu wanamuandalia njia,chezea kikuyu wewe.
Click to expand...

Huyo,,unaye muita jailbird,,,,kwa hivi sasa,,ni,,,,,,chairman of the,,,East African federation:smile-big:,,
na,,utapenda kwani,,next ni,,chairman of AU:smile-big:..........

I love it,,everyday.
 

I'm very sure that the president did not like it,,,,but had to do it. He cannot afford
to go against the parliament,,,,one which is dominated by his own,,Jubilee members.

What many want other to believe is that the president just woke one day,,and
suspended JSC members.

They do not want even know that the president was following law by going by
what the parliament had passed.

What could he have done??????? Go against the parliament and invite the
same accusations leveled against him,,,that of going against,,institutions????

These people were suspended but will continue receiving half salary til
the end of the probe,,,and my feelings is that,,,,they are coming back.

The good thing i love with Uhuru,,unlike the others before him,,,is that he
makes his own mind.

That is the leader we want.

And those saying that he will go for only one term,,,,again,,you are deceiving
yourselves,,,because,,the same people,,like me who voted for him,,will do
the same.

If we did it,,,,when the gods of this world were warning us against it,,what
will stop us,,even giving him more.

The president does not need votes from the CORD side,,,he has more
than enough,,on his side.

This is the most powerful president ever,,,since Moi,,,who enjoys
majority in the parliament, Senate,,,population of Kenya,,,enjoys
support ever accorded to any Kenyan president by the leaders
of this continent,,,,and yesterday,,,was given another responsibility,
chairman of East African federation.

Na,,bado,,,,,when he has not,,even done,,the first year of his,,presidency.:tonguez:
 
​
[h=5][/h][h=1]Judicial Service Commission moves to court against Aaron Ringera tribunal[/h]The JSC on Monday filed a suit in court seeking to stop the swearing-in of members of a tribunal to probe 6 of its members.
Chief Justice Willy Mutunga flanked by members of the Judicial Service Commission at a past press briefing. President Uhuru Kenyatta on November 29 suspended six members of the JSC and appointed a tribunal to investigate them. PHOTO | FILE NATION MEDIA GROUP
The Judicial Service Commission on Monday filed a suit in court seeking to stop the swearing-in of members of a tribunal who were appointed by President Kenyatta in a special Gazette notice last Friday to investigate six commissioners.
President Kenyatta had in the notice named Retired Justice Aaron Ringera as chairperson of the tribunal with Jennifer Shamallah, Ambrose Weda and Mutua Kilaka as members. The tribunal was set to investigate the conduct of Ahmednasir Abdullahi, Rev. Samuel Kobia, Prof, Christine Mango, Justice Mohamed Warsame, Emily Ominde and Florence Mwangangi who were in the same notice suspended from "exercising the functions of their office with immediate effect". (READ: President Kenyatta suspends 6 JSC members)
However, the JSC moved to court challenging the suspension of the commissioners with the aim of preventing the notice from taking effect.
Judicial Service Commission moves to court against Aaron Ringera tribunal - Politics - nation.co.ke


MY TAKE
Things can't get better than here? fighting for supremacy...lets see how far this will go
 
Uhuru asipoacha bange na pombe kali, Kenya itamfia
 
[h=1]Judicial Service Commission moves to court against Aaron Ringera tribunal[/h]


Chief Justice Willy Mutunga flanked by members of the Judicial Service Commission at a past press briefing. President Uhuru Kenyatta on November 29 suspended six members of the JSC and appointed a tribunal to investigate them. PHOTO | FILE NATION MEDIA GROUP

The Judicial Service Commission on Monday filed a suit in court seeking to stop the swearing-in of members of a tribunal who were appointed by President Kenyatta in a special Gazette notice last Friday to investigate six commissioners.



President Kenyatta had in the notice named Retired Justice Aaron Ringera as chairperson of the tribunal with Jennifer Shamallah, Ambrose Weda and Mutua Kilaka as members. The tribunal was set to investigate the conduct of Ahmednasir Abdullahi, Rev. Samuel Kobia, Prof, Christine Mango, Justice Mohamed Warsame, Emily Ominde and Florence Mwangangi who were in the same notice suspended from "exercising the functions of their office with immediate effect". (READ: President Kenyatta suspends 6 JSC members)



However, the JSC moved to court challenging the suspension of the commissioners with the aim of preventing the notice from taking effect.

The Gazette notice stated the mandate of the tribunal was to investigate the alleged conduct of the suspended members and make recommendations.

Judicial Service Commission moves to court against Aaron Ringera tribunal - Politics - nation.co.ke
 

the fact that JSC have issues with the appointment of ringera means, that he will not be sympathetic to impunity within judiciary which the JSC will be tempted to cover and no stone will be left unturned in this saga.
 
The Boss said:
ha haaaaaaaa siamini Ahmednassir nae kasimamishwa

Uhuru keshamsahau swahiba wake?

kweli wakikuyu sio watu lol
Click to expand...
Kwahiyo kwako wewe swahiba haguswi sio?, if that is the case then napata tabu sana coz i never excpected ungekua muumini wa uswahiba instead of uwajibikaji
 
Crisis looms as court blocks President Uhuru's order on JSC tribunal



Lawyer representing the Judicial Service Commission Paul Muite (centre) makes his submission at the Milimani Law court, Tuesday.
By KURIAN MUSA

Kenya: The country could be facing a constitutional crisis following the High Court's suspension of the swearing in of a tribunal set up to investigate the conduct of six members of the Judicial Service Commission.

The move deepens the rift between the presidency and the courts.

Justice George Odunga made the order suspending the Kenya Gazette notice on the formation of the tribunal by President Uhuru Kenyatta, pending the hearing of an application filed by JSC to stop the investigation.

The chairperson and the members of the tribunal appointed vide gazette notice dated 29th November, 2013 are hereby barred from commencing the investigations into the conduct of the six commissioners pending the hearing and determination of the Notice of Motion dated December 2, 2013, with all parties present,he stated.

The judge granted stay orders of the gazette notice No. 15094 appointing the tribunal members chaired by Justice (rtd) Aaron Ringera.
Other members of the suspended tribunal are lawyers Jennifer Shamalla, Ambrose Otieno Weda and Mutua Kilaka.

The JSC's lawyer, Senior Counsel Paul Muite, filed proceedings, in which he argued that President Uhuru Kenyatta acted unconstitutionally when he suspended the six commissioners.

They are Ahmednasir Abdullahi, Rev Samuel Kobia, Christine Mango, Justice Mohamed Wasarme, Emily Ominde and Florence Mwangangi. They were suspended on Friday by Uhuru, who promised that the Judiciary would not be compromised in issuing justice in the court rooms.

Necessary quorum

But his action effectively crippled the JSC as it now lacked the necessary quorum to conduct business, including hiring of judges.
The JSC is an independent commission established by Article 171 of the Constitution and comprises part-time commissioners whose mandate is recruitment of judges, recruitment and disciplining of Judiciary staff.

The judge said he would not like to deal with Parliament's defiance of the court order at this stage, and allowed the amendment of the petition to enjoin the tribunal's members mentioned as respondents in the matter.

"Since the courts are the temples of justice and the last frontier for the rule of law, court decisions must be respected and the dignity of the courts upheld at all times," said Justice Odunga.

The judge reinstated the six commissioners by saying that his orders of October 30, 2013, restraining the Justice and Legal Affairs Committee of the National Assembly from debating the petition before it pending inter-parties hearing of the matter, was still in force.

Justice Odunga said that a court order barring the National Assembly from discussing suspension of the six was still active.

He noted that his orders to stop any proceedings of any nature to remove the six commissioners had not been lifted.

"Conservatory orders in my view are meant to keep the subject matter of the dispute maintaining the status quo,"€ he said.

Article 4(1) of the Constitution declares the national values and principles of governance as the foundation upon which Kenya as a multi-party democratic State is grounded.

The judge also referred to Article 10 of the Constitution that binds all State organs, officers, public officials and all persons whenever interpreting the Constitution, or implementing public policy, to invoke the rule of law under Article 255. Any amendments to the same must be subjected to a referendum, he said.

It is, therefore, clear that an attempt to ignore the same may amount to an attempt to usurp the powers of the people, which the people reserved unto themselves under the said Article 255,€ Odunga ruled.

In a statement released earlier, Uhuru noted that on November 14,œthe National Assembly in accordance with Article 251(3) of our Constitution€ forwarded him a petition requesting the suspension and formation of a tribunal to investigate the conduct of six Judicial Service Commissioners.

He further noted that Article 251(4)(b) mandates him to form a tribunal and is couched in mandatory terms, leaving no room for discretion.
Uhuru said he had no choice but to follow the dictates of the law, failure to which would set a bad precedent for the country.

He added that the two-week hiatus between the receipt of the petition and the formation of the tribunal was for him to understand and mediate the perceived conflict between the National Assembly and the Judiciary.
 
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