JUDGMENT OF KIAGE J.A.
This appeal is inextricably linked to a related appeal dealing with the question of vetting of judges and magistrates, to wit, Law Society of Kenya v. The Centre for Human Rights and Democracy and 13 Others [2013]eKLR, Civil Appeal No. 308 of 2012 , which this very bench of the Court decided on 18th October 2013.
Indeed, there is a general commonality of the main issues and of some of the parties and counsel who appeared in both matters.
Though variously formulated and attacked from a multiplicity of angles in the memorandum of appeal and in the submissions made on behalf of the appellant, the central issue herein appears to me to be the constitutionality or otherwise of the Vetting of Judges and Magistrates Act and of the entire vetting process.
My learned brother Odek, J.A has painstakingly captured the myriad arguments made on the various emanations of the central issue aforesaid in his thorough and exhaustive judgment which I had the advantage of reading in draf…