LSK protests recall of Mombasa Court of Appeal judges as shortage bites

The Law Society of Kenya (LSK) has termed the recall of Court of Appeal judges to Nairobi as a blow to the devolution of judicial services and owed to petition Chief Justice David Maraga to reverse the decision.

LSK Mombasa branch chairman Matthew Nyabena said the move was likely to create constitutional crisis since several pending cases had to be adjourned last week due to lack of the judicial officers.

“We wholly reject the move and we will engage the president of the court and the Chief Justice to reverse the decision. We will also not hesitate to use all options to have the plight of court users addressed,” he said.

Mr Nyabena said it was unreasonable to expect practitioners and the litigants in the region to travel to Nairobi to file urgent applications and be heard the same day.

“Is the Judiciary ready to foot the additional expenses incurred? This decision only makes a bad decision worse,” he added.

In a statement on Friday, court of Appeal President William Ouko said the Appellate Court judges in Mombasa, Kisumu and Nyeri will now operate from Nairobi effective January 13.

Justice Ouko said court sessions in the affected areas will henceforth be held in circuits conducted once a month at each station owing to a shortage of the judges.