AFRICAN CENTRE FOR INTERNATIONAL YOUTH EXCHANGE (ACIYE) & 2 OTHERS V JUDGES AND MAGISTRATE’S VETTING BOARD [2012] KEHC 5744 (KLR)

REPUBLIC OF KENYA

IN THE HIGH OF KENYA AT NAIROBI

MILIMANI LAW COURTS

Petition 326 of 2012

AFRICAN CENTRE FOR INTERNATIONALYOUTH EXCHANGE (ACIYE)........................................1ST PETITIONER

JOHN ABOK GARANG...................................................................................................................2ND PETITIONER

CALEB OKECH................................................................................................................................3RD PETITIONER

AND

THE JUDGES AND MAGISTRATE’SVETTING BOARD................................................................RESPONDENT

RULING

The application dated 30th July 2012 seeks an order that pending the hearing of this matter inter-parties, this court be pleased to issue a conservatory order staying operation of section 22(2) of the Vetting of the Judges and Magistrate’s Act.

In the petition dated 30th July 2012, the petitioners seek declaration that Justices Mohamed Ibrahim and Lady Justice Nambuye have been subjected to discriminatory and differential treatment. The two judges who have been subject of determination are yet to exercise their right of review and it would be improper for this matter to proceed as suggested in the petition. The petition is therefore stayed until the judges right of review is exhausted by delivery of a decision by the Board.

In the meantime, I wish to draw counsel’s attention to the three judge decision in the case of Denis Mogambi Mong’are v the Attorney General and OthersNairobi Petition 146 of 2011 (Unreported) which dealt with the constitutionality of the Vetting of the Judges and Magistrates Act.

DATED and DELIVERED at NAIROBI this 31st day of July 2012

D.S. MAJANJA

JUDGE