Florence Lichoro writes a petition seeking the removal of High Court Judge, Justice Pauline Nyamweya from office. In her petition addressed to the Judicial Service Commission, she cites six grounds that in her petition add up to Justice Pauline Nyamweya’s impartiality and incompetence in her work.
The evidence submitted by Lichoro in her petition claims that rulings and decisions made by Nyamweya violated not only the Constitution but also the law. In addition, she wants the High Court Judge removed from office. Lichoro also accuses her of gross misconduct, biased rulings, and also failing to discharge her judicial duties. The petition contains at least ten EX-PARTE ORDERS issued by Justice Nyamweya.
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The issues in the petition range from the Kenya Bureau of Statistics to the Parliamentary Service Commission. In some cases according to the petition, Justice Nyamweya delayed making decisions on ex-parte orders and also delayed justice. While in other cases she has given the ruling despite the fact that the applications never get a legal argument.
Justice Nyamweya Issued Ex-parte Orders
The petitioner also insists that Justice Pauline Nyamweya continually issues EX-PARTE ORDERS to applicants without a legal argument. Also, she issues verdicts contradicting the law and at times delays delivering justice.
According to the petition, Justice Nyamweya made rulings on the basis of prejudice and biases. Yet the law requires judges to make decisions based on objective criteria. Her bias rulings result in the bestowing of wrongful benefits. Also in the petition, she refused to prioritize hearing the preliminary objection. She challenged the court’s decision to hear and decide the ex-parte Applicant’s substantive Judicial Review Application.
The petition also mentions Judge Nyamweya’s decision in the case involving the Public Procurement Administrative Review Board and the Parliamentary Service Commission. In this case, the judge did not issue a ruling within the legislative fort five-day period. According to Section seventy-five of the Public Procurement and Asset Disposal Act, strict timelines must be followed. However, the petitioner claims that Judge Nyamweya issued her decision past the stipulated deadline. The Court of Appeal, however, overturned the ruling as a result of the High Court failing to adhere to the stipulated time.
Her decisions were biased.
In addition to the petition, the petitioner claims that Judge Nyamweya accorded EX-PARTE ORDERS to the applicant East Africa Automobile (EAA) company even though she had no jurisdiction on hearing the case. According to Article 168 of the constitution, a judge may be removed from office by the JSC for violation of the code of conduct, misbehavior, or even gross misconduct. The similar ACT requires one to petition to the Supreme Court for the removal of office for any judge.
In the petition, the petition states submitting the humble petition to the JSC for consideration and also removal of Justice Nyamweya as a judge. If JSC approves the petition, the President forms a tribunal to investigate her. EX-PARTE ORDER refers to a decree passed in the non-appearance of the opposition. According to the principle of natural justice, any case must be decided in the presence of both parties. In addition, both parties ought to get proper opportunity to present themselves.