High Court Judge Mugure Thande, who temporarily halted the implementation of the Finance Act 2023, has been transferred to Malindi in changes announced by the judiciary.
Justice Thande was one of 13 judges to be transferred in the changes announced by the principal judge of the High Court Eric Ogolla.
Justice Thande had blocked the implementation of the Act on June 30 and extended the order on July 10, before the Court of Appeal overturned the order after a spirited fight by Cabinet Secretary for Finance Njuguna Ndung'u, who argued that the freeze threatened to bring government operations to a halt.
“This is to inform your Honours that the Honourable the Chief Justice has made the following transfers/deployments effected from 2nd October, 2023,” the communication stated.
Justice Thande was previously in Mombasa before she was moved to Nairobi and briefly served at the family division before she was moved to the constitutional and human rights division.
The judge, who joined the Judiciary in May 2015 from private practice, had temporarily stopped the government on June 30, from implementing the Finance Act, a few days after it assented into law by President William Ruto.
Last year, Justice Thande quashed rules published by Chief Justice Martha Koome--the Supreme (Presidential Election Petition Amendment Rules) 2022- barring advocates and litigants from making comments on the presidential election petition, before the case was determined.
According to Justice Koome, the Rules which were gazetted on April 12, 2022, were meant to ensure both the dignity and independence of the court is maintained.
“I find that in making the impugned rules which contain a penal provision that is enforceable by the court, the Supreme Court went beyond its authority and usurped the law-making role of Parliament,” the judge said.
And five days to the August 2022 general elections, Justice Thande delivered another decision on the use of manual register to identify voters, saying technology can fail.
In the Tuesday transfers, Justice David Majanja, who was named to as the presiding judge in the petitions challenging the Finance Act, 2023- moved from the commercial and tax division of the high court to the civil division.
Justice Hedwig Ong’udi has been transferred to Nakuru as the presiding judge from Milimani constitutional and human rights division, while judge Thande heads back to the coast to the High Court in Malindi.
Other changes are Hillary Chemitei moved from Nakuru to Milimani family division; Justice Maureen Odero from Milimani family division to Nyeri High Court as the presiding judge; Justice Florence Muchemi from Nyeri to Thika as the presiding judge and Chacha Mwita from Milimani commercial and tax division to constitutional and human Rights division as the presiding judge.
Justice Diana Kavedza has been moved from Milimani criminal division to Kibra and Kahawa law courts; Justice Patricia Gichohi from Kisii to Nakuru High Court; Justice Teresa Odera from Nakuru to Kisii High Court; Justice Peter Mulwa from Kimabu High Court to Milimani commercial and tax division; Justice Aleem Visram moved from Milimani civil division to the commercial division while Justice Lilian Mutende was nominated as the chair of community service order.
