JUDGMENT OF THE COURT
The real protagonists in this appeal are two institutions that are critical players in the justice sector in Kenya. The 1st appellant, the Judges and Magistrates Vetting Board (the JMVB) is a statutory body, established under the Vetting of Judges and Magistrates Act, No. 2 of 2011, pursuant to the express requirement of Clause 23 of Schedule Six of the Constitution of Kenya, 2010. Its mandate is to vet and determine the suitability of judges and magistrates appointed under the former Constitution, to continue serving under the Constitution of Kenya, 2010. The respondent, the Kenya Magistrates and Judges Association (the KMJA), is registered under the Societies Act, Cap 108, Laws of Kenya, and is for all intents and purposes, a trade union of judges and magistrates that among other things, champions their interests and welfare, as well as protection and promotion of the independence of the judiciary and the rule of law.
Shorn of all semantics, the real dispute betw…