KENYAN JURIST
NEW JUDGES
The President couldn't wake up to swear in new judges. What a shame! Am told that during Moi's time judges would arrive at statehouse in the wee hours of the morning to be sworn in.
Of the team picked, I think Mr Aggrey Muchelule meets my expectation. He has a solid grasp of the law and good command of the court room.
Ms Abida Ali Aroni had just been appointed a judge of the industrial court last month. Reliable sources inform me that she declined this job. The industrial court lacks the authority and stature of the High Court. Unlike the High Court which is a creation of the constitution and has "unlimited, original criminal and civil jurisdiction", the industrial court is a creature of the Trade Disputes Act and has limited authority to deal with trade disputes contemplated by that Act. In fact, an argument can be made that it is a court surbodinate to the High Court. Ms Abida was the chairman of the Constitutional Review Commission before its term expired.
I once appeared before Ms Florence Muchemi years ago when I used to do alot of running down cases in Kiambu. For those who remember, Kiambu was the place to go when filing accident cases. Before the Kwach Committee intervened to prevent the abuses prevalent in the filing and prosecution of accident cases, most the the accident cases occuring inNairobi were filed in Kiambu. Anyway, I did this matter where she awarded Kshs. 700,000/= general damages to the plaintiff. As her jurisdiction was Kshs. 500,000.00 she then held that the plaintiff contributed to the accident by 28.57%. The plaintiff got his judgment for Kshs. 500,000.00.
The President couldn't wake up to swear in new judges. What a shame! Am told that during Moi's time judges would arrive at statehouse in the wee hours of the morning to be sworn in.
Of the team picked, I think Mr Aggrey Muchelule meets my expectation. He has a solid grasp of the law and good command of the court room.
Ms Abida Ali Aroni had just been appointed a judge of the industrial court last month. Reliable sources inform me that she declined this job. The industrial court lacks the authority and stature of the High Court. Unlike the High Court which is a creation of the constitution and has "unlimited, original criminal and civil jurisdiction", the industrial court is a creature of the Trade Disputes Act and has limited authority to deal with trade disputes contemplated by that Act. In fact, an argument can be made that it is a court surbodinate to the High Court. Ms Abida was the chairman of the Constitutional Review Commission before its term expired.
I once appeared before Ms Florence Muchemi years ago when I used to do alot of running down cases in Kiambu. For those who remember, Kiambu was the place to go when filing accident cases. Before the Kwach Committee intervened to prevent the abuses prevalent in the filing and prosecution of accident cases, most the the accident cases occuring inNairobi were filed in Kiambu. Anyway, I did this matter where she awarded Kshs. 700,000/= general damages to the plaintiff. As her jurisdiction was Kshs. 500,000.00 she then held that the plaintiff contributed to the accident by 28.57%. The plaintiff got his judgment for Kshs. 500,000.00.
posted by jurist at 8:37 PM
1 Comments:
Guess you do not Know Muchelule. The guy moves around town in the latest and sleekiest limos! What about with a Kenyan magistrates salary, you would need 3 lifespans to earn one! Well the Malindi Drug Haul Case is a telling point. He travels 'abroad' and comes back to hand a 20 yr sentence to a handler while he lets the barons free! While away I speak to a prosecutor in his court who mourns how broke he is now that Muchelule is out of town! I think the old Kiswahili adage holds true: 'Nyumba nzuri si mlango - fungua uone dani' yours trully the Juror
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