By Lauryne Akoth
Nelson Havi has penned a letter to Chief Justice Martha Koome, urging her to postpone the interviews for the selected candidates vying for positions as High Court judges until the male representative to JSC, Samson Omwanza, assumes office.
In a letter to the Judicial Service Commission dated 8th March 2024, The former LSK president table two issues; the postponement of the interviews and the revocation of two shortlisted candidates.
Havi, making good on JSC’s invitation to provide information of interest on the shortlisted candidates questioned the suitability of Alexander Muasya Muteti and James Mungai Warui as potential judges of the High Court of Kenya.
Havi issued a seven-day ultimatum to the JSC to confirm the cancellation of the interviews and threatened to pursue legal action should the JSC fail to comply.
“Please, therefore confirm in writing within seven days of the date of this letter that the interviews scheduled for the month of April 2024 are cancelled. Legal action will be commenced in the event of failure by the JSC to act as requested,” read the notice in part.
According to Havi, Mr. Macharia Njeru, the former male representative to the JSC ceased having the representative legitimacy and mandate of Advocates to the JSC following the election of Mr. Omwanza on 29th March 2024.
He also stated that Judicial prudence and good order dictate that any substantive function of the JSC, including consideration of applications, shortlisting, and interview of candidates for the office of Judge of the High Court of Kenya await the swearing-in of Mr. Omwanza.
In Havi’s claims to the JSC, Alexander Muteti was not fit to hold office as a High Court judge following his blemished record during his tenure in the office of the ODPP. Havi went ahead to list three incidences whereby Muteti violated the Bill of Rights under the guise of criminal prosecution.
He listed Muteti’s recommendation for the arrest and prosecution of Prof Tom Ojienda, Hon.Edgar Kagoni Matsigulu, and Hon. Lady Justice Philomena Mwilu. As per the letter, Muteti conjured up charges to frustrate the re-election of Ojienda as the Male Representative to the JSC in 2018.
Furthermore, he claimed Muteti also fabricated charges for Hon. Matsigulu and Lady Justice Mwilu for refusal to bid for the state in several criminal cases in Mombasa and an attempt to remove the Deputy Chief Justice from office on Malicious grounds respectively.
Havi also branded Muteti as an alcoholic stating, “The adage, “as sober as a Judge” will lose meaning and effect with the appointment of Mr. Muteti. It would be a catastrophe to have him as a Judge of the High Court of Kenya.”
On the other hand, Havi opposed the appointment of James Mungai Warui following his implication in the nefarious scheme contrived by several advocates and judges to thwart the prosecution of Kamlesh Mansuklal Dhanji Pattni in the Goldenberg scandal.
“Joseph Mbalu Mutava was removed from the office of Judge as a result of a complaint I lodged with the JSC. However, no action was taken against Mr. Warui and many other conspirators involved, in an elaborate massive cover-up that ensued thereafter.”
“It would be a travesty of justice of monumental proportions for someone who was involved in the compromise of the judicial process of this magnitude to be appointed a Judge of the High Court of Kenya.” Read the letter.