MUHURI threatens to go to court if JSC fails to dismiss Court Of Appeal judges Githinji, Koome and Sichale.

By Peter Kombe 

Muslims for Human Rights (MUHURI), a civil rights crusader based in Mombasa has threatened to go to court if the Judicial Service Commission (JSC) fails to dismiss three Court of Appeal judges Erastus Githinji Martha Koome and Fatuma Sichale.

The lobby alleges that the three judges breached the law after quashing a ruling by Justice George Odunga over the appointment of 290 constituencies’ returning officers and their deputies in 2017. 

Addressing the media in Mombasa on Monday Muslims for Human Rights board chairperson Khelef Khalifa said “The independence of the judiciary is being questioned by the fact that the conducts of justices Githinji, Koome and Sichale are not being investigated.

Justice George Odunga had earlier ruled that the appointment of the officers had been surrounded with illegalities.

“We averred the process that led to their appointment failed to follow the laid down procedures of the law. Independent Electoral Boundaries Commission ignored the need for transparency and accountability in the process,” Khelef said.

According to Khelef, IEBC violated the provisions of Regulation 3 of the Elections (General) Regulations, 2012.

Mr Khalifa claimed the three judges quashed Odunga’s ruling without holding any sitting and issued their orders.

According to the NGO the day the judges issued the orders had been gazetted as a public holiday, and that the trio was not based in Nairobi at the time of quashing the ruling.

“Justice Githinji was in Kisumu, Koome in Malindi and Sichale in Nyeri. The three could not therefore, be at the same place given the short notice,” he said.

Khelef Khalifa says through their lawyer Evans Oruenjo on April 19 last year, the NGO submitted a number of complaints to JSC over the conduct of the three judge bench.

The chair further argued JSC delayed the response in a letter dated October 25 2017 to request for a CCTV footage of the court premises between 2 pm and 6pm the material day.

He said JSC only tackled the CCTV section claiming the Supreme Court where the judges allegedly sat had no cameras.

“Through our lawyer Evans Oruenjo, we have written another letter to the JSC to have the complaints reevaluated and pertinent issues raised and addressed,” he said.

According to him, JSC failed to address pertinent issues that bring to the limelight the conduct of the three judges.

Khelef claims the judges did not sit on the contested day, there were no court proceeding of the alleged sitting by the three judges and that the three judges allegedly heard an appeal that was never certified as urgent among other issues.

On October, 19 2017 MUHURI went to court to challenge the High Court through lawyer Evans Oruenjo on the appointment of 290 constituency returning officers and their deputies.