The Judicial Service Commission (JSC) is finding it increasingly difficult to remove some judges and magistrates from office.
Whereas the JSC through its advocates has put forward some strong cases against some judges and magistrates, these judicial officers in fighting to save their career, have made it clear that you cannot pick up a fight with a cook in the kitchen, when you don’t know where the knife is kept.
The judges and magistrates only know too well how best to package your case if you are to stand a good chance of persuading the court.
And so when the JSC attempted to flex its muscle on Jackton Ojwang (Supreme Court judge), Erastus Githinji (Court of Appeal judge), Daniel Ochenja (acting Chief Magistrate), Bryan Khaemba (Principal Magistrate) and Davis Gitonga (Principal Magistrate), it was left with a lesson or two, on how not to handle a judge or magistrate.
Employment and Labour Relations Court Judge Byram Ongaya faulted JSC for failing to give Court of Appeal Judge Githinji lawful reasons for the imposition of his retirement date as July 1, 2019 when the documents the judge had provided show that he ought to retire on December 30, 2019.