Justice Ndewere's Application Against Seizure Of Her Operational Vehicle Struck Off The Roll
High Court Judge Erica Ndewere last week had her appeal against the High Court decision ordering her to surrender her operational vehicle has been struck off the roll.
The Judicial Services Commission (JSC) wanted to seize Ndewere’s service vehicle after she was fired from the bench on June 17 2021 for gross incompetence.
She, however, retained the Mercedes Benz E300 which is registered in the name of the Master of the High Court, a former department of the JSC.
High Court judge Justice Samuel Deme had ordered Ndewere to surrender the vehicle to the Sheriff for safety until her application contesting her dismissal from the bench was concluded.
Deme also directed the Sheriff to seize the Mercedes Benz vehicle if Ndewere refuses to voluntarily surrender it.
The JSC had sought a High Court authority to repossess the vehicle following her dismissal.
But Ndewere appealed against Deme’s ruling at the Supreme Court, but a three-judge panel of Justices Antonio Guvava, Nicholas Mathonsi and Felistus Chatukuta unanimously agreed to have the appeal struck off the roll.
Ndewere’s argument:
i). Ndewere argued in her court papers that she was entitled to purchase the vehicle in terms of her employment contract.
ii). Ndewere argued that her colleagues who were allocated vehicles on the same day as her have been allowed to purchase their cars.
iii). Ndewere insisted that she was entitled to purchase the vehicle, arguing that the JSC was not the owner of the vehicle, but the office of the President.
iv). She also argued that the request by the JSC was done unlawfully.
Her request to purchase the Land Rover was granted on April 9, 2021. But the JSC demanded the return of the Mercedes Benz on April 19 2022, and Ndewere allegedly refused to do so.
