REPUBLIC OF KENYA IN THE HIGH OF KENYA AT NAIROBI MILIMANI LAW COURTS Petition 326 of 2012 AFRICAN CENTRE FOR INTERNATIONAL YOUTH EXCHANGE (ACIYE)........................................1ST PETITIONER JOHN ABOK GARANG...................................................................................................................2ND PETITIONER CALEB OKECH................................................................................................................................3RD PETITIONER AND THE JUDGES AND MAGISTRATE’S VETTING BOARD................................................................RESPONDENT RULING The application dated 30th July 2012 seeks an order that pending the hearing of this matter inter-parties, this court be pleased to issue a conservatory order staying operation of section 22(2) of the Vetting of the Judges and Magistrate’s Act. In the petition dated 30th July 2012, the petitioners seek declaration that Justices Mohamed Ibrahim and Lady Justice Nambuye have been subjected to discriminatory and differential treatment. The two judges who have been subject of determination are yet to exercise their right of review and it would be improper for this matter to proceed as suggested in the petition. The petition is therefore stayed until the judges right of review is exhausted by delivery of a decision by the Board. In the meantime, I wish to draw counsel’s attention to the three judge decision in the case of Denis Mogambi Mong’are v the Attorney General and Others Nairobi Petition 146 of 2011 (Unreported) which dealt with the constitutionality of the Vetting of the Judges and Magistrates Act. DATED and DELIVERED at NAIROBI this 31st day of July 2012 D.S. MAJANJA JUDGE
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