By Wahome Thuku
The High Court has cleared a petition challenging the legality of an Industrial Court judge Isaac Mukunya’s stay in office.
Nairobi Judge David Majanja allowed lawyer Kiama Wangai to serve Mukunya with the petition so that he can make his response.
Mukunya’s job is being challenged on grounds that he, like all other Industrial Court judges, has never been sworn into since the new Constitution was promulgated in August 2010, hence he is unconstitutionally in office.
A similar petition has been filed by the United States International University — Africa. Prof Wangai, who is also a pathologist and medicine don at the University of Nairobi, says the continued stay of Justice Mukunya as a judge was an affront to the supremacy of the Constitution, as he has not been sworn in as a judge.
He is challenging the provision in the Industrial Court Act, which allowed five judges to continue serving after it came to force on August 30, last year.
