By Staff Writer
The bold decision to jail the Directorate of Criminal Investigation (DCI) boss George Kinoti by Justice Anthony Charo Mrima dominated banter on social media platforms. The judge handed the DCI boss a four month jail term for disobeying a court order to return guns seized at billionaire Jimi Wanjigi residence in 2007. Kinoti was expected to hand himself in at Kamiti Maximum Prison to serve his sentence.
In an attempt to placate himself from any wrongdoing, the DCI introduced new evidence to show he was not holding the billionaires guns. This did not change the mind of the judge who maintained his earlier ruling. His ruling read in part:
“There is no new evidence that would make me change my mind over the decision to sentence the DCI for contempt of court. The court order that he surrenders to Kamiti Maximum Security Prison to serve the four months will not be suspended,” Justice Mrima ruled.
So who is Justice Anthony Charo Mrima?
The now popular if not controversial Judge was moved to Migori High Court as a presiding judge in 2016 in a major reshuffle by former Chief Justice Willy Mutunga that affected 105 Judges.
Justice Mrima, who has since been transferred to Nairobi at the Constitutional Division in Milimani, is a man who is not scared of making rulings that are unpopular even with the high and mighty.
Also Read: Judges Salaries In Kenya And Historical Background Of The Judiciary
Workaholic
In an article published on the Standard (24 Dec, 2021), Justice Mrima is described as a fearless man who is loved and loathed in equal measure. The judge takes his work seriously and starts hearing matters listed before him at 8.30 am and not 9 am when other court sessions begin. When he was in Migori, he broke the record by delivering 70 judgements within 23 days when the courts resorted to virtual sessions in 2020. This was during the Covid-19 outbreak that had led to scaling down of operations at the Judiciary.
Some of his controversial judgements
Apart from jailing DCI Kinoti, Justice Mrima is known for other bold judgements.
Declaring CAS unconstitutional
In April 2021, the judge declared positions of Chief Administrative Secretaries (CAS) unconstitutional. He went on to state that the Cabinet Secretaries were in office illegally since they were not vetted in 2017.
Also Read: George Kinoti Biography, Age, Background, Education, Career, Family & Awards
Part of his ruling read:
“The term of the President ends with the term of Cabinet. Those who served between 2013 and 2017 should have been re-vetted to join the Cabinet”
Quashed President
In September 2The judge went on to quash President Uhuru Kenyatta’s Executive Order No. 3 of 2020 that allowed Nairobi Metropolitan Services boss Lt Gen Mohammed Badi to attend Cabinet.
“His position, role and mandate in the Cabinet is unknown or at least the Respondents (Attorney General, Secretary to the Cabinet and Major General Badi) chose not to disclose as much. It seems like the decision is masked in secrecy and therefore lacks transparency,” the judge said.
Kenya Meat Commission (KMC)
Justice Mrima reversed the decision by President Uhuru Kenyatta to transfer KMC from the Ministry of Agriculture, Livestock, Fisheries and Irrigation to the Ministry of Defence in a case filed by the Law Society of Kenya (LSK). The judge ruled that the move was in violation of Article 10 of the Constitution as it lacked public participation.
“This court declares the decision constitutionally infirm. The decision is hereby quashed,” read the ruling.
Also Read: Military Officers Appointed By Uhuru To Key Posts
Nairobi Governor
The judge saved Nairobi from a by-election following the impeachment of Mike Sonko. Justice Mrima cleared the vetting and swearing in of Anne Kananu to avoid a constitutional crisis. He said his decision forestalled “a constitutional crisis in Nairobi, and a court must not in any manner whatsoever create a constitutional crisis. It was the duty of the court to foresee such a crisis and take steps to avoid it.”
