NAIROBI, Kenya, Jul 25 — A section of lawyers criticized Chief Justice Martha Koome’s move to transfer Constitutional Division judge Antony Mrima to Kitale reading mischief in the administrative action the Judiciary termed as routine.
Justice Mrima is set to report to the High Court in Kitale where he has been redeployed as Presiding Judge in changes affecting three other judges of the High Court.
Koome’s office said the judge would replace Justice Luka Kimaru who was recently appointed a judge of the Court of Appeal.
Senior Counsel Ahmednasir Abdullahi, however termed the transfer as punitive saying Mrima may have been moved from the crucial Constitutional Division of the High Court at the Milimani Law Courts due to his decisions that have often been described as anti-establishment and radical.
The city lawyer cited an ongoing case challenging the government’s bid to reallocate part of Kenyatta University land to squatters.
His sentiments were echoed by Esther Ang’awa, who was among lead lawyers who challenged the Building Bridges Initiative Constitutional review process.
She cited a case in which a petitioner challenged the revision of Contempt of Court rules by the Supreme Court which Ang’awa said amounted to gagging lawyers.
Renown gospel singer Reuben Kigame in whose respect Mrima recently directed the electoral commission to consider his presidential nomination notwithstanding the fact he had not attained the requisite number of signatures endorsing his bid claimed Mrima’s transfer my be linked to the ruling.
“It may also be because of his recent ruling in my case,” he said.
Mrima shot to the spotlight when he sentencing the Director of Criminal Investigations George Kinoti to four months at Nairobi’s Kamiti prison for contempt.
The judge rendered the decision when Kinoti failed to submit weapons seized from businessman Jimmy Wanjigi during a 2017 raid at his Nairobi home by security agencies.
Other Judges transferred are Lady Justice Mugure Thande, who has moved from the Family Division to the Constitutional and Human Rights Division effective August 1.
Also moved is Lady Justice Grace Nzioka who becomes the Presiding Judge in Naivasha with effect from September 15.
She has been serving in the Criminal Division of the High Court yielding exceptional case management strategies which are expected to be replicated in Naivasha.
Justice Kanyi Kimondo will move from Murang’a and assume the position of Presiding Judge in the Criminal Division starting September 15, 2022.
