Court throws out Supreme Court judges case
The five Supreme Court judges including Dr Smokin Wanjala (left) and Njoki Ndung'u (right) can now be sworn in after the High Court dismissed a case challenging their appointment August 25, 2011. FILE
The five Supreme Court judges can now be sworn in after the High Court dismissed a case challenging their appointment.
Justices John Mwera, Mohammed Warsame and Philomena Mwilu, sitting as a Constitutional Court, dismissed the suit filed by six women organisations Thursday.
The judges said the Judicial Service Commission did not breach the Constitution in naming the five to the highest court in the land.
The organisations had moved to court to protest that the JSC appointments did not meet the requirement of Article 81 (b) of the Constitution.
It states: " Not more than two-thirds of the members of elective public bodies shall be of the same gender."
The groups, led by the Federation of Women Lawyers (Fida), contended that in appointing Justice Jackton Ojwang', Justice Ibrahim Mohammed, Justice Philip Tunoi, Dr Smokin Wanjala and Ms Njoki Ndung'u, the JSC ignored the gender balance rule.
The other members of the Supreme Court are Chief Justice Willy Mutunga and his deputy Nancy Baraza.
