Supreme Court rules Chief Registrar has no powers to discipline, fire judges or magistrates
In a ruling by a five-judge bench led by Chief Justice Martha Koome, the Supreme Court said the powers lie exclusively with the Judicial Service Commission (JSC) and the Chief Justice.
The Supreme Court has ruled that the Chief Registrar of the Judiciary (CRJ) has no authority to discipline, interdict, or dismiss judges and magistrates.
In a ruling by a five-judge bench led by Chief Justice Martha Koome, the Supreme Court said the powers lie exclusively with the Judicial Service Commission (JSC) and the Chief Justice.
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"Even if it is assumed that the CRJ is third in command in the Judiciary, the JSC never gave her powers to charge and interdict the respondent," CJ Koome ruled.
The case arose after a magistrate, LMN, was interdicted and subsequently dismissed by the Chief Registrar in 2016 for failing to deliver 204 judgments and rulings.
LMN challenged the disciplinary action, citing health problems that contributed to the delays.
The Chief Registrar, however, maintained that the delays predated her illness.
The Supreme Court upheld earlier rulings by the High Court and Court of Appeal, which found that the Chief Registrar acted beyond her authority in initiating disciplinary proceedings against LMN.
In the High Court, Justice Stephen Radido declared the Chief Registrar’s actions unconstitutional.
Court of Appeal judges Gatembu Kairu, Lesiit Wanjiku and Grace Ngenye concurred, affirming that disciplinary powers over magistrates are vested solely in the Chief Justice.
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