The Judiciary has revealed a series of transfers involving thirteen judges including Judge Mugure Thande, a move aimed at streamlining operations and addressing case backlogs.
The announcement, dated October 2nd and signed by Justice Eric Ogola, the principal judge of the high court, comes in conjunction with the appointment of 70 resident magistrates by the Judicial Service Commission, aimed at expediting case hearings and reducing delays.
One noteworthy transfer involves Lady Justice Mugure Thande, who previously served at the Constitutional and Human Rights Division at Milimani High Court in Nairobi. Justice Thande, known for her recent rulings, will now take up a new role at Malindi High Court.
Importantly, she suspended the implementation of the Finance Act of 2023, suggesting a three-judge panel for further consideration and temporarily pausing tax collection.
Justice Thande also made headlines by halting the import and sale of genetically modified foods, opposing the cabinet’s decision to lift a decade-long GMO ban. Her decision was later upheld by a three-judge panel, temporarily keeping GMOs out of the Kenyan market.
Also in the shuffle is Justice Aleem Visram, who transitions from Milimani’s Civil Division to the Commercial and Tax Division. Similarly, Justice Hedwig Ong’udi has been reassigned to the role of Principal Judge in Nakuru.
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These changes coincide with a decision by Visram and Ong’udi, part of a three-judge bench, to rule against the constitutionality of appointing 50 Chief Administrative Secretaries (CASs), leading to questions regarding government appointments.
In a parallel move, Justice David Majanja, who currently leads a three-judge bench overseeing cases pertaining to the Finance Act of 2023, is moving to Milimani High Court’s Civil Division from the Commercial and Tax Division. His replacement, Justice Peter Mulwa from Kiambu High Court, will join Justice Aleem Visram in the Commercial and Tax Division.
Justice Diana Kavedza, a former magistrate recently promoted to high court judge, has been reassigned from the Milimani Law Court’s Criminal Division to the newly established Kibra and Kahawa High Courts. Notably, the Kahawa High Court will specialize in appeals related to terrorism convictions.
Other judges affected by the reshuffle include Chacha Mwita, Hillary Chemitei, Maureen Odero, Florence Muchemi, Patricia Gichohi, and Teresa Odera. Notably, Justice Chacha Mwita returns to the Constitutional Court after a period in the Commercial Court, having been transferred to Kajiado Law Court and subsequently back to Milimani’s Commercial and Tax Division.
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These changes reflect the Judiciary’s commitment to enhancing efficiency and reducing case backlogs. While the reshuffling of judges may raise some questions, the primary aim is to ensure the smooth functioning of the judicial system and uphold its credibility.
