Court dismisses legal argument of 14 judges

The Fast Track High Court Friday dismissed a preliminary legal argument against a motion by the Attorney General’s (AG’s) Department for the court to strike out the pleadings of 14 lower court judges over the disciplinary proceedings instituted against them.

The AG had filed a motion to strike out the pleadings of the 14 lower court judges on the grounds that their action was frivolous, vexatious and an abuse of the process of the court.

But counsel for the judges, Mr John Ndebugri, raised a preliminary legal argument that the application by the AG was incompetent in law by reason of uncertainty.

He averred that the title of the application, which was “motion on notice to strike out the pleadings under the inherent jurisdiction of the court and also under order 11 rule 18 (a), (b) and (d) of C.I. 47”, was wrong in law.

His position was that the application should have been either under the inherent jurisdiction of the court or under Order 11 rule 18,