The recent reshuffle of High Court judges has kicked up a storm. At the centre of it is Justice Mugure Thande, who famously suspended President William Ruto’s Finance Act. As ‘punishment’ for her ruling, so the story goes, she has been transferred to Malindi High Court, a legal backwater, so to say, compared to her then-station Milimani Constitutional and Human Rights Division.
I will concede from the outset that transfers can be used as rewards or punishment, for the simple reason that some places are more pleasant or prestigious to live and work in. This was especially true in the pre-2010 Constitution days.
