Court annuls tribunal to probe JSC members
PHOTO | SALATON NJAU | FILE Chief Justice Willy Mutunga (centre), flanked by JSC members, addresses the media at the Supreme Court in Nairobi in the past. The High Court has declared the appointment of a tribunal by President Uhuru Kenyatta to investigate six members of the Judicial Service Commission as null and void.
The High Court has declared the appointment of a tribunal by President Uhuru Kenyatta to investigate six members of the Judicial Service Commission as null and void.
A five-judge bench appointed by Chief Justice Willy Mutunga to hear a case against the Speaker of the National Assembly ruled that the JSC is not subject to the control of Parliament.
The court also ruled that the National Assembly’s departmental committee on Justice and Legal affairs is also not entitled to supervise JSC.
The bench quashed the proceedings before the said committee seeking the removal of the Six JSC commissioners as well as the resolution of the National Assembly to seek President Kenyatta’s approval.
The judges also quashed the gazette notice on the presidential appointment of Justice Aaron Ringera, Jeniffer Shamallah, Ambrose Weda and Mutua Kilaka as members of the said commission and stopped them from resuming office.
They recommended the appointment of a team to oversee all other committees in order to ensure better cordial relationship with all State organs and avoiding supremacy conflicts
