YONGO APPLICATION SEEKING TO BE ENJOINED ON JSC CASE DISMISSED

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High Court on today dismissed an application by businessman Brian Yongo who filed an application seeking to be enjoined in a suit challenging removal of six members of the Judicial Service Commission (JSC).

 

Yongo filed the application seeking to be joined in the petition, protesting the orders issued by the High Court, suspending the proceedings instituted by the Parliament for the removal of the JSC members. The court ruled that the debt collector failed to demonstrate any legal interest in the matter.

 

Judge George Odunga said that Mr Yongos’ case against JSC Commissioner Ahmednasir Abdulahi will not be affected by the case between Parliament and JSC. He added that Yongo relied on media speculations in filing his case and had no substantive reasons whosoever to be enjoined in the matter.

 

Justice Odunga said: “From the foregoing it is clear that an interested party as opposed to an amicus curiae or a friend of the court may not be wholly indifferent to the outcome of the proceedings in question. He is a person with an identifiable stake or legal interest in the proceedings.”

 

Prior to the ruling, it was submitted that JSC is anxious not to be dragged into side shows and since Mr Yongo is not non-partisan, it was difficult to see how the he will add value to the issues addressed by the petitioner.

 

 “To drag the Court into those issues will only slow down the determination of the petition hence the Court ought to reject the application,” Paul Muite for JSC submitted.

 

JSC moved to court last week through their lawyer senior counsel Paul Muite to seek orders to restrain parliamentary Departmental committee of justice and legal affairs from tabling it report because it will cripple JSC and judiciary operations.

 

The judge added that the parliament has no authority to remove constitutional officer from the office and failure to obey orders issued by the court saying failure to that it is contempt court.

Justice Odunga at the same time directed that the six commissioners should not be suspended or removed from the office pending the hearing and determination of the petition.

High Court on today dismissed an application by businessman Brian Yongo who filed an application seeking to be enjoined in a suit challenging removal of six members of the Judicial Service Commission (JSC).

 

Yongo filed the application seeking to be joined in the petition, protesting the orders issued by the High Court, suspending the proceedings instituted by the Parliament for the removal of the JSC members. The court ruled that the debt collector failed to demonstrate any legal interest in the matter.

 

Judge George Odunga said that Mr Yongos’ case against JSC Commissioner Ahmednasir Abdulahi will not be affected by the case between Parliament and JSC. He added that Yongo relied on media speculations in filing his case and had no substantive reasons whosever to be enjoined in the matter.

 

Justice Odunga said: “From the foregoing it is clear that an interested party as opposed to an amicus curiae or a friend of the court may not be wholly indifferent to the outcome of the proceedings in question. He is a person with an identifiable stake or legal interest in the proceedings.”

 

Prior to the ruling, it was submitted that JSC is anxious not to be dragged into side shows and since Mr Yongo is not non-partisan, it was difficult to see how the he will add value to the issues addressed by the petitioner.

 

 “To drag the Court into those issues will only slow down the determination of the petition hence the Court ought to reject the application,” Paul Muite for JSC submitted.

 

JSC moved to court last week through their lawyer senior counsel Paul Muite to seek orders to restrain parliamentary Departmental committee of justice and legal affairs from tabling it report because it will cripple JSC and judiciary operations.

 

The judge added that the parliament has no authority to remove constitutional officer from the office and failure to obey orders issued by the court saying failure to that it is contempt court.

Justice Odunga at the same time directed that the six commissioners should not be suspended or removed from the office pending the hearing and determination of the petition.

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