The Judiciary is once again in uncharted waters as Interior Cabinet Secretary Dr Fred Matiang’i yesterday said there are judges involved in an unholy alliance with civil society and opposition lawyers.
Matiang’i told the National Assembly’s Security Committee during grilling on the Miguna Miguna drama last week at JKIA that “five judges”, are frustrating and stalling the work of the government.
High Court Judges George Odunga, Luka Kimaru, Chacha Mwita and Roselyne Aburili recently and in the recent past, issued orders against him in the Miguna saga since his first deportation on February 6.
“There is a clique in the Judiciary that has been captured by the civil society and activist lawyers who want to embarrass the government. It is an evil clique of judicial officers who want to drag us by the collar through trial by the public court, “lamented the Interior CS.
He said the ministry has written to the Attorney General to lodge a formal complaint to the Judicial Service Commission (JSC) against the judges involved in the “unholy alliance”.
“We will go through the AG and we will petition the JSC over this and how it was heard.”
Without giving a name, he singled out one civil society activist whom he questioned how he gets upto “30 ex-parte orders”.
“He goes to court, gets orders and comes out…what does that say about our judicial officers?…we are being condemned unheard,” a fired up CS told the committee according to the Star.
He also questioned how a judge can write a 36-page ruling in just 30 minutes, an indication he said points to a ‘cartel’ in the Judiciary.
“How is it possible for a judge to make a 36-page ruling within 30 minutes…that tells you there is something going on elsewhere.”
In direct reference to Miguna’s case where Judges Odunga and Aburili issued separate orders after his arrival on March 26, Matiang’i said the orders were given based on lies because Miguna’s lawyers lied about the whereabouts of his Canadian passport.
Lawyer Nelson Havi who represented Miguna in an affidavit according to Daily Nation, asserted that Miguna’s passport had been confiscated by Kenyan Immigration officials while this was not the case.
This, Matiang’i said, he will petition LSK and JSC seeking redress. “I want to see what the Law Society of Kenya and the Judicial Service Commission will do now that their officers have been caught lying on oath.”
The Judiciary is yet to comment on the fresh allegations made by the executive on Tuesday.