Case on Maraga’s interdiction powers moved to Labour court
The High Court has transferred a case by the Kenya Judges and Magistrate Association (KMJA) challenging the powers of Chief Justice David Maraga to interdict magistrates and other judicial officers, to the Employment and Labour Relations Court.
Justice James Makau ordered the matter to be placed before Labour court’s presiding judge Maureen Onyango for directions.
“The matter is best suited to be heard at the Labour court. I direct the same to be placed before the presiding judge, Justice Onyango,” ordered Makau.
This was after the Attorney General informed the court that it doesn’t have jurisdiction to hear the matter since it is between employer and employees.
However, KMJA lawyer Danstan Omari said he was okay with any court hearing the case but sought conservatory orders arguing that his clients were afraid that if the matter proceeded without the orders his clients risked being interdicted or suspended.
“My clients are apprehensive that if the High Court does not issue a conservatory order, there is a risk the Chief Justice will proceed to invoke the impugned provisions to unilaterally reprimand members of the association without regard to constitutional safeguards,” said Omari.
But when the parties appeared before Justice Onyango, she declined to issue the orders.
The file was allocated to Justice Stephen Radido who will on August 14 decide whether the matter should be heard by a three-judge bench.