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THE JUDICIAL SERVICE COMMISSION
V.
MICHAEL KIZITO ODUOR & 5ORS

(2024) JELR 112629 (SC)

Supreme Court 30 Aug 2024 Kenya
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Case Details

Suit Number:Petition (Application) 18 (E025) of 2021
Judges:PM Mwilu, DCJ & VP SC Wanjala, SCJ NS Ndungu, SCJ I Lenaola, SCJ W Ouko, SCJ
Counsel:Mr. Bernard Ndeda, the applicant, appearing in person (C/O Billy Amendi & Co. Advocates) Mr. Edwin Musyoka h/b for Mr. Charles Kanjama for the appellant (Muma & Kanjama Advocates) Mr. Christopher Marwa for the 5th and 6th respondents (Attorney General’s Chambers) Non-appearance by the 1st, 2nd and 3rd respondents

RULING OF THE COURT

[1] BEARING IN MIND that the 1st to 4th respondents, then serving magistrates, were vetted by the Judges and Magistrates Vetting Board (the Board) and found unsuitable to continue serving;and that the Board dismissed their request for review of its decision, and were consequently removed from office. In affirming the Board’s decision, the High Court ruled that courts lacked jurisdiction to review the vetting process unless the Board exceeded its constitutional mandate. On a first appeal, the Court of Appeal by a majority decision disagreed with the High Court and held that the Supreme Court in Judges and Magistrates Vetting Board and 2 Others vs. Centre for Human Rights and Democracy and 11 Others, SC Petition No.13A of 2013 as consolidated with Petition No.14 of 2013 and 15 of 2013; [2014] eKLR (‘JMVB (1)’) and in Judges and Magistrates Vetting Board vs. Kenya Magistrates and Judges Association & another, SC Petition No. 29 of 2014; [2014] eKLR (‘JMVB (2)’) had not…

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