The Linda Ugatuzi Civil Society group has appealed to Justice Lawrence Mugambi to excuse himself from all the Linda Jamii cases for failing to pass an impartiality test.
Speaking at their offices on October 24/2023, the group led by its President Fred Ogolla, urged Kenyans to join and support them both in Prayers but also financially.
“Some of the judges have shown and demonstrated that their stance on constitutionalism and defense to the constitution as per the oath of office they took is unwavering and indefatigable, “added Ogolla.
They added that On the 14th day of August, 2023, they filed a Constitutional Petition challenging the constitutionality of the Office of the Prime Cabinet Secretary, the constitutionality of cabinet for violating the constitutional two-third gender rule espoused and the unlawful creation of public offices and appointments into the said public offices by the President without the participation of Public Service Commission.
They add that the constitutional petition was fixed for a mention to confirm compliance on the 3rd day of October, 2023, before the Deputy Registrar (DR).
On the said day, the Executive through the Attorney General’s office appeared in court and intentionally misled the court that the said Petition was similar to Constitutional Petitions Nos. E223 & E240.
The Deputy Registrar then slated the matter for mention on the 18th day of October, 2023, being the day that the said Petitions were to be mentioned before Justice Lawrence Mugambi.
On the 18th October, 2023, despite taking time off court to read through the three petitions, Justice Lawrence Mugambi reached a determination that the three petitions were similar and directed that the parties file submissions on consolidation, a finding that is not only erroneous but also false.
For instance in the E240/2023 which the judge says is similar to Linda Jamii petition (E223/2023) challenges the inclusion of David Ndii, cleaphas Malala, Monica Juma and Harriet Chiggai into Cabinet meetings. Linda’s petition challenges the constitutionality of the office of Prime Secretary and the entire Cabinet.
“The conduct of Justice Lawrence Mugambi in this matter erodes public confidence and trust of the people of Kenya in the Judiciary, “they added.
According to them, Judges must act in a way and manner that their conduct is accountable to the legal and ethical standards entrenched in the constitution.
They say that Justice Mugambi fails to aspire public confidence and trust by his conduct. When we appealed the decision to have the case heard before the same judge for direction and his direction was as biased as his previous ruling.