Wilson Kaberia Nkunja v Magistrates and Judges Vetting Board & Judicial Service Commission (Petition 154 of 2016) [2018] KEHC 9274 (KLR) (Civ) (22 June 2018) (Judgment)

Facts

Wilson Kaberia Nkunja petitioned against the Magistrates and Judges Vetting Board and Judicial Service Commission regarding the Board's decision to declare a Magistrate unsuitable to continue serving.

Issues

1. Whether Section 23 (2) of the Sixth Schedule to the Constitution ousts the jurisdiction of this Court to review the Board's decisions affecting Magistrates.
2. Whether the question of this Court's jurisdiction to review decisions rendered by the Board was conclusively determined by the Supreme Court of Kenya.
3. Whether this Court can examine the merits of the Petition.
4. What are the appropriate orders for Costs?.

Reasoning

The Court interpreted the relevant provisions of the Constitution and the relevant statutory provisions, emphasizing the need to promote the spirit, purport, values, and principles of the Constitution, advance the rule of law, human rights, and fundamental freedoms in the Bill of Rights, and contribute to good governance.

Outcome

The Petition is dismissed.

Authorities cited