In a significant development within the Kenyan judiciary, Lady Justice Mugure Thande is among thirteen judges who have been transferred to new stations, raising eyebrows due to the impact of some of her recent judgments.
The move, announced by Principal Judge of the High Court, Justice Eric Ogola, is set to take effect on October 2nd of this year.
Justice Thande, previously stationed at the Constitutional and Human Rights Division at Mililani High Court in Nairobi, is now set to take on a new role at the Malindi High Court.
Her recent rulings have garnered attention for their challenges against government initiatives. Notably, she was the presiding judge in the case that initially halted the implementation of the controversial Finance Act 2023.
This move temporarily halted the government's tax collection efforts, urging the formation of a three-judge bench to further deliberate on the matter.
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Furthermore, Justice Thande had previously made headlines by suspending the government's plans to import and deal in genetically modified foods.
Her suspension of the cabinet's decision to lift a ten-year ban on genetically modified organisms (GMOs) was later upheld by a three-judge bench, effectively keeping GMOs off the nation's menu for the foreseeable future.
These rulings collectively underscore her commitment to upholding judicial independence and evaluating executive decisions through a critical legal lens.
The reshuffling of judges extends beyond Justice Thande.
Justices Aleem Visram and Hedwig Ong’udi, who were part of a three-judge bench that deemed the appointment of 50 Chief Administrative Secretaries (CASs) unconstitutional, are also affected.
Justice Visram will be moving from Mililani’s Civil Division to the Commercial and Tax Division, while Justice Ong’udi will assume the role of Principal Judge in Nakuru.
Justice David Majanja, currently leading a three-judge bench hearing cases challenging the Finance Act 2023 implementation, will transition from his current role in the Commercial and Tax Division to the Milimani High Court’s Civil Division.
Another noteworthy transfer involves Justice Diana Kavedza, who was recently promoted from a magistrate to a high court judge.
Previously responsible for the Eastleigh-based officer Ahmed Rashid's murder case, Justice Kavedza will shift from the Milimani Law Court's Criminal Division to Kibra and Kahawa courts.
Among the other judges impacted by the transfers are Chacha Mwita, Hillary Chemitei, Maureen Odero, Florence Muchemi, Patricia Gichohi, Teresa Odera, Peter Mulwa, and Lilian Mutende, who has been appointed as the CSO chair.
This wave of transfers coincides with the Judicial Service Commission's appointment of 70 resident magistrates, a move aimed at expediting the resolution of cases and reducing case backlogs within the Kenyan judicial system.
As these changes unfold, legal experts and citizens alike are left pondering the potential ramifications for the country's legal landscape.