The Suspended high court Judge Justice Grace Nzioka,(left)Judges and Magistrates Vetting Board who declared a judge and two magistrates unfit to continue holding office over complaints, including graft and delayed rulings.
BY SAM ALFAN.
Suspended high court Judge Justice Grace Nzioka has filed a petition challenging the decision of Judges and Magistrates Vetting Board recommending for her removal from the judiciary.
The judge says in the petition that she was relived her duties illegally and without due process of the law and that vetting board ignored the advice of the Judicial Service Commission.
The judge through his lawyer Alfred Nyandieka, told Justice Mumbi Ngugi that the petitioner was appointed on 2 September 2011 and sworn into office as a judge pursuant to a competitive comprehensive recruitment and vetting process by the JSC and there after she was posted at Mombasa high court.
The lawyer told the court that vetting board ignored the advice of the Magistrates and Judges Association advice to effect that those judges who were appointed on 27 August 2010 should not be subjected to vetting.
Mr Nyandieka said that board had no jurisdiction to vet the judge, but insisted and proceeded to conduct the exercise.
The board further proceeded to make a finding dated 20 March 2013 to the effect that the judge was unsuitable to serve in the judiciary, the court heard that the aggrieved judge did file an application for review of the decision of the board the same has not been acted 15 months now despite many request.
The judge has since been suspended on request to the office of the Chief Justice by the board.
She says in her affidavit that having been appointed after the effective constitutional date and subjected to vetting prior to the appointment as a judge, the determination of unsuitability by the board is illegal, unconstitutional and has no legal basis.
The court certified her application urgent and directed that board and JSC be served served and the matter be heard inter parties on 3 October 2014.