JSC Barred from Nominating Chief Justice
The High Court has issued orders barring the Judicial Service Commission (JSC) from conducting interviews for the judge of the Supreme Court pending the hearing of a petition filed by 4 people.
Judges Anthony Mrima, Reuben Nyakundi, and Wilfrida Okwany however allowed for the interviews to go on but halted the JSC from making any further deliberations in respect to the CJ position once the interviews are completed on Friday.
Interviews for the judge of the Supreme Court were to commence next week Monday.
"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," the judges said.
The petitions by Tolphin Nafula, Philip Muchiri, Damaris Wakiuru, and Memba Ocharo were consolidated on Wednesday.
In response, the JSC has asked the court to stay its decision pending appeal. However, the orders of the court will remain in force pending the determination of cases filed by petitioners.