This archive report was first published on 23 July 2019.
On July 23, 2019, the Kenya Judges and Magistrates Association (KJMA) filed a petition at the Nairobi High Court, challenging the constitutionality of certain provisions of the Judicial Service Act, 2011.
The association, through Musyoki Mogaka & Company Advocates, sought orders to suspend the implementation of paragraphs 15, 16, 17, 20, and 25 of the third schedule of the Act by the Judicial Service Commission (JSC).
The petitioners argued that the Act unconstitutionally empowers Chief Justice David Maraga to suspend and reprimand members of the magistrate's association without reference to the JSC.
According to the petitioners, the sections in question delegate the functions of JSC to the Chief Justice illegally and in a manner not anticipated by the Constitution.
“The members of KJMA are reasonably apprehensive of the unilateral exercise of such powers as it invites bias and abuse of such powers when dealing with serious issues touching on the conduct of magistrates, Kadhis or a judge,” said Danstan Omari, the association's lawyer.
The case will be heard on July 30, 2019.
