JSC appeals against ruling to stop interview for Supreme Court judges

Friday, April 23rd, 2021 00:00 |
Olive Mugenda.

The Judicial Service Commission (JSC) will challenge the order by the three judge bench stopping interviews to pick a Supreme Court Judge scheduled next week.

This is after the commission filed a notice at the Court of Appeal declaring its intention to seek to overturn the decision.

“We are of a very considered position that there is ample time for the commission to approach the Court of Appeal before the orders issued by this court takes effect”, says the commission.

JSC also sought for the typed proceedings on the case challenging the recruitment process by four petitioners. 

On Wednesday, a three judge bench Anthony Mrima, Reuben Nyakundi and Wilfrida Okwany stopped JSC from nominating an individual for the position of CJ and halted interviews for Supreme Court judge set for next week.

The JSC was scheduled to conclude the interviews for the position of the Chief Justice today (Friday) and thereafter proceed with the interviews to pick the judge of the Supreme Court on Monday next week. 

In their ruling, the judges stayed the process for nominating the next CJ and directed JSC not to make any further considerations or deliberations on the matter once they complete the interviews. 

“We have considered the submissions and as of now there are three petitions challenging the ongoing process of recruitment of chief Justice. The petitions raise weighty issues.

The constitutionality of the ongoing process has been challenged. The issues are novel, “ ruled the three judges.

The bench stopped the interviews for the position of Supreme Court judge of Kenya.  The recruitment of judges to occupy the vacuum left by retired Supreme Court Judge Jackton Ojwang in February last year.

Among those shortlisted for the position include Justice Said Chitembwe, Justice Martha Koome, Justice M’inoti Kathurima, Justice Nduma Nderi, Lumumba Nyaberi, Justice William Ouko, Justice Joseph Sergon and Alice Yano.

A bid by JSC, Anthony General and commissioner Olive Mugenda to have the bench stay its decision pending an appeal was thwarted.

However, the Attorney General through lawyer Paul Nyamodi had vehemently opposed the grant of the order saying that no prejudice will the petitioners will suffer if the conservatory orders were not granted. 

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