By Hallygan Agade/Dzuya Walter
Senior counsel Dr.John Khaminwa who is appearing as a friend of the court in the appeal case by Deputy Chief Justice Kalpana Rawal on retirement age has hit out at the judges saying that they should not at any time be seen to be mingling with either the executive or the legislature.
He submitted this in the case where justice Rawal wants Justice Milton Makhandia to withdraw from the case claiming that Makhandia met the Attorney General Githu Muigai at night on the 6th of February in Karen where they decided that her appeal should be dismissed.
Khaminwa during his submissions in the case wants judge Makhandia to recuse from the appeal on the retirement age blasted the judges saying that they have put judiciary in disrepute by their actions.
Khaminwa did not mince his words saying that judges must not be holding meetings with members of the National assembly or even the executive.
This coming in the wake of an application by Kalpana Rawal who wants justice Milton Makhandia one of the seven judges hearing her case where she appealed against her retirement at age of 70 to withdraw himself from the case.
Rawal claims that the judge in question met with the attorney general Githu Muigai at night on the 5th/6th of February in Karen where they discussed on how to dismiss her case.
However in response AhmedNassir Abdullahi representing the Judicial Service Commission tore into Rawals claims saying that that is cheap gossip and rumours which are meant to scuttle and scandalize the court.
AhmedNassir said that instead the appellate court MUST find that Rawal has committed perjury and must recommend Director of Public Prosecutions Keriako Tobiko to investigate and institute charges against the DCJ.
He said that Rawal is copying everything from justice Philip Tunoi who also made an application that the lead judge GNM kariuki to withdraw from his case.
However, Nairobi activist Okiya Omtata argued that Rawal has not tendered any evidence to back up her claims in her affidavit.
Meanwhile, the High Court has declined to temporarily suspend Nairobi governor Evans Kidero’s directive to stop boda boda operators from carrying passengers within the CBD.
High court judge Mumbi Ngugi instead directed the main petition to be heard on the 4th of April this year.
Twelve boda boda saccos moved to court to challenge Dr Kidero’s directive issued on November 11last year that stopped them from ferrying passengers within the CBD except for those ferrying goods.
In their application, the saccos appealed to have the notice suspended on the grounds that they are law abiding citizens who depend on their licensed businesses to eke a living.