Human rights lobby Muslims for Human Rights-MUHURI wants three court of appeal judges sacked for gross misconduct.
MUHURI Chairperson Khelef Khalifa said the three judges Erastus Githinji, Martha Koome and Fatuma Sichale quashed a ruling by high court judge Justice George Odunga that declared unconstitutional the appointment of 290 returning officers and their deputies to oversee the 2017 presidential poll rerun.
MUHURI chairperson and the organisation’s Executive director Hassan Abdille had filed a case challenging the appointment of the 290 returning officers and their deputies by Independent Electoral and Boundaries Commission-IEBC for the rerun of presidential polls at the high court.
Through their lawyer Evans Oruenjo, the human rights lobby wanted the appointment suspended until their case is heard and determined.
Justice Odunga ruled in favour of the human rights organisation that indeed the appointed was illegally done and contravened the IEBC provisions of regulations 3 of 2012.
However, the three appellate judges Justice Erastus Githinji, Martha Koome and Fatuma Sichale quashed Odunga’s ruling paving way for the presidential rerun.
MUHURI suspect AG’s hand
“We suspect that the then President of court of Appeal Paul Kihara Kariuki had a hand in all these unlawfully dealings,” noted the human rights defender.
Khalifa revealed at the time of quashing Odunga’s ruling, all the three judges were based outside Nairobi.
“Githinji was in Kisumu, Koome in Malindi and Sichale was sitting in Nyeri, how did the three come together and compile a ruling that was delivered immediately, on a holiday and very late in the evening?” posed Mr. Khalifa.
Lobby to push for dismissal
Khalifa insisted that since the Appeal court did not seat before delivering the doubtful, they will seek justice by filing fresh demands that the three appellate judges are struck out of the judiciary.
He said if the issue is just left and forgotten such reckless, unconstitutional, unwarranted and unlawful rulings will recur in future.
He said justice must be defended at all times and all public institutions mandated to defend and fight for justice in the country should properly execute their mandate and ensure justice prevails.