Kabogo loses round one in CJ case
A court has ruled that errors in the Constitution cannot be used as a basis of invalidating key appointments.
Issuing a ruling on a case filed by Juja MP William Kabogo seeking to stop the Judicial Service Commission from originating names of Kenyans to be considered for the position of Chief Justice, Justice David Musinga said typographical errors in section 20 (3)should not hold back the process.
He declined to grant interim orders halting JSC's work and ordered that the MPs case goes to full hearing.
According to Mr Kabogo’s lawsuit, the commission was put in place without following proper procedure, therefore it is unconstitutional.
The MP says that the appointment of commissioners violated the Constitution and set a dangerous precedent.
The commissioners were appointed on 26 October, last year.
“The President’s office misdirected itself by failing to appreciate the conflict under article 171 read with section 20(3) and sixth schedule which deals with establishment of the commission,” the MP says.
