Bid to halt CJ hiring opposed
Lawyers James Oduol (left) and Njoroge Regeru representing Judicial Service Commission at the High Court in Mombasa during hearing of the petition out to stop hiring of the next Chief Justice. PHOTO | KEVIN ODIT |
What you need to know:
- Mr Regeru said JSC mandate is derived from the Constitution and that the petitioners are ‘gatecrashing’ hence should be stopped.
- The lawyer argued that the petitioners have not offered any alternative methods on how integrity of individuals can be gauged.
A case challenging the recruitment of Chief Justice, is an attempt to influence who to hire, the Judicial Service Commission said Tuesday.
The proceedings in court represent attempts at hijacking the commission with a view to determining people to be appointed to the three positions.
Lawyer Njoroge Regeru said the commission has discretion in shortlisting candidates to be hired to the positions of chief justice, deputy chief justice and a judge of the Supreme Court.
“There is a good reason why the commission was insulated from interference,” said Mr Regeru. He said the commission was independent and not subject to control of any person but to the law.
Trusted Society of Human Rights Alliance, Mr Arnold Magina, Mr Yash Pal Ghai and Samwel Mohochi are challenging the process of recruiting the next top officials of the Supreme Court.
Mr Regeru said JSC mandate is derived from the Constitution and that the petitioners are ‘gatecrashing’ hence should be stopped.
He further submitted that it is up to the commission to devise reasonable ways to determine which applicant passes the integrity test.
“The higher office is sensitive; there is no need to have a learned judge who has financial issues, “said Mr Regeru.
He added that the commission has ‘tools’ to asses among other moral character and integrity of the applicants.
Mr Regeru said the ‘tools’ are objective and reasonable yardsticks which can be evaluated and reviewed.
The lawyer argued that the petitioners have not offered any alternative methods on how integrity of individuals can be gauged.
Lawyer Ochieng Oduol further said that the right to know why some applicants were not shortlisted belongs to those who applied and not the public.
He told the court that the disclosure of information is not an absolute right and confidentiality is recognized by law.
"The mere fact that they were not disclosed is not bad practice, it is something accepted internationally,” said Mr Oduol.
Through their lawyer Elisha Ongoya, the petitioners argued that commission’s short listing violated procedures. The short list should be invalidated, they said.
“The applicants have made a case, the commission got it wrong, quash the process and allow it to start afresh,” said lawyer.
Justice Odunga who was sitting at the High Court in Mombasa as a result of the ongoing judges’ colloquium currently going on at the coastal city will deliver his ruling on Monday next week in Nairobi.
