Yash Pal Ghai sues JSC over top Judiciary jobs
What you need to know:
- Through lawyer Waikwa Wanyoike, he told a Nairobi court that he wrote to the JSC on July 14 seeking an explanation on the matter but has not yet received any responses.
- At the same time, the Institute of Human Resource Management has written to the Chief Registrar of the Judiciary seeking to be included in the recruitment process of the three top positions.
Katiba Institute Director and United Nations Special Rapporteur Yash Pal Ghai has sued the Judicial Service Commission (JSC) for failing to make public the reasons some applicants for top Judiciary jobs were not shortlisted.
Through lawyer Waikwa Wanyoike, he told a Nairobi court that he wrote to the JSC on July 14 seeking an explanation on the matter but has not yet received any response.
He says the decision to proceed with the hiring without making public the reasons sought is contrary to the principles of good governance, fair administrative action as well as promoting transparency within the Judiciary.
Together with Samwel Muhochi they want the JSC compelled to provide the information sought.
The JSC advertised vacancies for the positions of Chief Justice, deputy chief justice and judge of the Supreme Court on June 17.
The commission then listed the number of applicants for the positions as 14, 15 and 21 respectively on July 8 before shortlisting some of them.
The shortlisted applicants are set to be interviewed from August 29 to October 7.
High Court judge Edward Muriithi certified the case as urgent and set it for a hearing on Friday.
At the same time, the Institute of Human Resource Management has written to the Chief Registrar of the Judiciary seeking to be included in the recruitment of the three top positions.
The institute says it seeks to provide an interview manual to guide the panel for its future engagements.
The institute argues that Justice Daniel Musinga, in a 2011 court case, ordered the JSC to develop a standard interview manual.
Through its national chairman Ezekiel Sitima, the institute claims that is why it is proposing to be incorporated in the hiring so as to offer required human resource assistance as well as promote the public interest.
