Bunge La Wanainchi President Henry Shitanda has a complaint against High Court Judge Antony Mrima with the Judicial Service Commission (JSC) over his determination in the petition seeking to block the vetting of Nairobi Deputy Governor Anne Kananu Mwenda.
Shitanda accuses Justice Mrima of bias saying the judge issued various orders in favor of Ann Kananu despite glaring ambiguities in the matter.
“While this is a high-octane public interest case, it demonstrates that the judge was clearly biased in declining issuance of the conservatory orders and the judge went against all the principles of law regarding issuance of conservatory orders,” he says in the letter to JSC.
Shitanda says that the judge held that indeed, there was a prima facie case but surprisingly while declining to issue conservatory orders stated that they are remedial measure that the court can take even after the impugned actions.
“The judge ruled that there is no prejudice which will be suffered in the event that the conservatory orders are not granted… a holding that is absurd, highly illogical and a confirmation of bias by the judge,” he states.
In the letter to JSC, Shitanda claims that Impeached Governor Mike Sonko had said he actually withdrew the nomination of the said Kananu an issue which is germane to the petition but the judge ignored and hence has perpetuated an illegality and put the constitution of Kenya on trial.
He wants the Judge removed for incompetence and biasness towards the cases surrounding the impeachment of Mike Sonko.
“The courts are now under siege by state machinery to ensure sanitization of the illegality by the county assembly and the senate to impeach Mike Sonko,” he claims in the letter.