Kenya Judges and Magistrates Association (KJMA) has questioned Chief Justice’s powers of suspending judges in any of the courts.
The union now wants the powers withdrawn with immediate effect to protect those judges from the CJ.
The union argued that the Judicial Service Act, 2011 doesn’t allow Chief Justice David Maraga to push judges to step aside.
In a suit filed at the Nairobi High Court, the judges want the CJ stopped from suspending them because of any reasons whatsoever.
They accused the CJ of taking advantage of the provisions of JSC to ask them to leave office when faced with accusations.
Through Musyoki Mogaka & Company Advocates, the union wants the paragraphs giving the CJ mandate to suspend judges scrapped.
KJMA current Executive Director Daniel Sepu now wants the mandate of suspending judges transferred from the CJ to the JSC.
“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 lawyer Danstan Omari who is representing the judges.
The judges believe that they are less likely to find justice if the powers of suspension are awarded to an individual.
They argued that the JSC is mandated to discipline the judges, magistrates, and other officials. They insisted that these powers are not vested in an individual.
The court is expected to deliver a ruling on July 30.