Kenya: The Cheif Justice Should Stop Intimidating Judges (17.03.2017)

Lumumba criticises bid to extend Supreme Court judges contracts (Youtube-Clip)

“Kenya School of Law Director, Prof PLO Lumumba has criticized a bid by a section of Supreme Court judges to seek extension of their term to 74 years. He said the constitution was clear that a judge shall serve up to the age of 70 and urged those who had attained that age to retire honorably” (Daily Nation, 2016).

Meeting Betwween the Judicial Service Commission and the Law Society in the matter of the Retirement Age of the Deputy Justice and Justice Phillip Tunoi, Supreme Court Judge (03.06.2016)

Some more documents into the Judge Willy Mutunga v. Hon. Lucy Njora ++

Here you see more on the imposed scandal that are happening in the Supreme Court and the challenge of hiring a new judge, how they appropriately address the matter between themselves. This here is more on the matter, as things goes and goes! After the E-Mails, planned time in court and also a Petition to Court as well; this here will not stop until hopeful justice have prevailed!

On May 27, 2016, at 2:26 PM, Willy Mutunga wrote:

Colleagues:

The CA (Court of Appeal) has decided.

I am told there are applications and appeals already filed.

I have instructed Hon Lucy Njora (Supreme Court Deputy Registrar) to place the applications before me for directions.

I will deal with the applications as a single judge.

—

Dr. Willy Mutunga, D.Jur,SC,EGH

Chief Justice/President, Supreme Court of Kenya

“The poor need Justice; others need the Law.” Professor Dani Nabudere

“The rich don’t need the law, they’ve got wealth and power. It’s the poor who need the law.” Albie Sachs.

“The Supreme Court of Kenya neither has friends nor enemies among Kenyans. All the Court cares for is Justice for and to all Kenyans.”

Judge Njoki’s reply

On Fri, May 27, 2016 at 3:32 PM, Njoki Ndungu wrote:

CJ,

I saw your email very late. It would have been better if you had called on phone directly if you had directions for me. I assure you I have followed the provisions of our rules and Act strictly.

As duty Judge for today I already heard 2 certificate of urgency applications by Justices Rawal and Tunoi. I have already disposed of them, given interim orders and given dates for interparties hearing. I think that is in order.

Sincerely,

Njoki

Mutunga reply

On May 27, 2016, at 3:46 PM, Willy Mutunga wrote:

I counseled against copying the applicants in any mail coming from us!

I thought, given the history of this matter, you would have considered that those of us who are around could be involved in some brief conferencing. Even as a duty judge, isn’t there a standing guideline that after the files are given to judges is either the CJ or the DCJ who does the allocation?

I am surprised you suggest I should have called you? Did you think of calling me?!

From: Njoki Ndungu

Date: May 28, 2016 at 8:42:37 AM EAT

To: Willy Mutunga

Cc: Mohammed Ibrahim , jbojwang , swanjala

Subject: Re: The Decision of the CA

With utmost respect CJ, I do not understand your angry tone – which I find inappropriate – to me in this email, for the following reasons:

1. I did not know you were in the country to begin with as your earlier email communication to us indicated you would be out of the country from the 22nd may. (How would I know to call you when you are out of the country? You never pick my calls anyway.)
2. You did not copy any email to ME asking not to copy our colleagues.
3. The first email from you to me arrived in my inbox at 2.31 pm when I had already started listening to the matters, and I was not online at that time. I only saw your email AFTER I had disposed of the applications.
4. Justice Ojwang who was the only other Judge not affected by the matter who was in chambers at the time and we consulted and agreed I should proceed hear the matters.
5. The matters were exparte and took a short time. I communicated to you immediately I saw your email and got your message from The DR.
6. I am not aware that there is anything wrong or untoward with the manner I handled the matters.
7. Did you have a specific outcome in mind? It appears to me, that once again you are having issues with the decisional independence of Judges in your court, particularly myself. This is a subject that has been discussed before. How do you suggest we handle this?

Njoki.SCJ.

Here is more: 

Also this one which is fake and which is real:

The one up top or the one in the bottum, which is real? Aye?

Enough for now., right? We shouldn’t need to ask what is the real age of Judge, they should be honest men walking around us. The ones that we trust as their judgement should be as they are the epitome of law abiding citizenship. Instead here we have seen of dozen documents and proof that there is a state of unlawfulness in the Supreme Court of Kenya, and it is not a good look!  Peace. 

 

Kenya: “Re: Petition for Removal of the Honourable Chief Justice and President of the Supreme Court of Kenya Dr. Willy Mutunga (30.05.2016)

Another Document on the matter as well:

Press Release: Major Suspected Ivory Kingpin Released in Kenya (21.08.2015)

Nairobi, Kenya, Friday, August 21st 2015: WildlifeDirect has today expressed its deep disappointment at the release of suspected ivory Kingpin Feisal Mohamed Ali. He and five others are charged with trafficking 2 tons of ivory that was seized in Mombasa on the 5th of June 2014. He had escaped to Tanzania where he remained a fugitive for 7 months before arrest, following a red notice issued by Interpol. The ruling by court magistrate Honourable Davis Karani allows him to leave Shimo la Tewa prison where he has been held since 23rd of December 2014. The terms for his release are that he pays a bond of Kshs. 10 Million (USD 100,000) and a surety of the same amount.

The decision today by the lower magistrates court contradicts a decision on 7th July just a month ago by the High Court of Kenya in Mombasa which emphasized that he (Feisal Mohamed Ali) was a flight risk. Honourable Karani today said he sees no reason why Feisal should remain in custody.

The trial which commenced four days ago (17th August 2015) follows a protracted inquiry into the disappearance of evidence in the case; 9 motor vehicles which are suspected to have been used in the crime that were under police protection. The prosecution revealed that they intend to call witnesses who are under state witness protection program.

This trial is a major test case of the newly created Wildlife Prosecution Unit under the Office of the Director of Public Prosecutions, the only unit of its kind in Eastern and Central Africa that was formed as a result of the rising cases of major transnational wildlife crime.

WildlifeDirect Chairman Philip Murgor expressed his disappointment

‘’This is the most unaccepted and unfortunate decision that a lower court can overturn the decision of the High Court. It undermines all the coordinated efforts of law enforcement agencies in Kenya and Tanzania as well as Interpol to bring the fugitive to face justice in Kenya’’

Mr. Murgor is the former head of Public Prosecutions.

Today the prosecution asked the trial magistrate Honourable Karani to recuse himself from the case but the magistrate declined.

As Kenyans reacted to the shocking news, the ODPP kept concerned citizens updated with tweets:

“we at ODPP are all shocked & disappointed by the outcome @ODPP_KE @paulakahumbu”

“JUST IN ;Magistrate refuse to stay release order &defers ruling on his disqualification until Hct decide on bail !”
And “the team in Mombasa have been in the trenches on a daily basis over this matter & they extremely disappointed

The ODPP through Assistant Director of Prosecutions Mr.Muteti has indicated that he is filing an urgent application at the high court to overturn the bond ruling and apply for the magistrate to be recused from the case.

Editor’s Note
WildlifeDirect is a Kenyan NGO and US registered 501(c) (3) organization. Hands Off Our Elephants, the flagship campaign of WildlifeDirect and it is patroned by Her Excellency Margaret Kenyatta, the First lady of Kenya. The organization has been at the forefront of driving legal reforms in Kenya and East Africa. The CEO of WildlifeDirect is Dr. Paula Kahumbu. Elizabeth Gitari is the Legal Affairs Manager.

For more information, Please contact Elizabeth Gitari at egitari@wildlifedirect.orgor +254 723 419 706