JSC says order capping sittings to hinder new CJ recruitment
Chief Registrar of the Judiciary Anne Amadi making an address at Supreme Court of Kenya on November 19, 2015 during the launch of Judiciary Strategic Plan, JSC Charter and other policies. The JSC is fighting a directive issued by the salaries commission capping paid monthly sittings to eight, saying the order will hinder the search for a new CJ, DCJ, and a Supreme Court judge. PHOTO | EVANS HABIL | NATION MEDIA GROUP
What you need to know:
- JSC wants SRC directive stopped or suspended.
- According to JSC’s Secretary Anne Amadi, the directive interferes with JSC’s mandate and is unnecessarily restrictive.
- JSC is also in the process of interviewing and filling vacancies of 20 judges of the Environment and Lands Court as well as 100 clerks.
The Judicial Service Commission has moved to court to challenge a directive that capped the number of paid monthly meetings to eight, saying that the orders will affect the recruitment of new Judiciary appointments.
In a suit filed against the Salaries Remuneration Commission (SRC), attorney-general, JSC claimed that the directive will prohibit them from attaining strict lawful timeline in the recruitment of the next Chief Justice, the Deputy Chief Justice and a judge of the Supreme Court.
Through its lawyer Issa Mansur, the Commission argues that unless the decision is stopped or suspended, JSC will be unable to meet the required deadlines or even discharge its duties as far as independence, accountability, efficiency and effectiveness of the Judiciary in administration of justice are concerned.
SRC issued the directive in a December 2013 circular requiring sitting allowances for the JSC commissioners to be capped to eight every month.
“In cognizance of the independence of JSC, the heavy responsibility placed on the commission and the number of crucial meetings it has to convene and carry out its mandate, the Public Service did not place a cap on the number of meetings which its members could be paid for,” the lawyer said.
According to JSC’s secretary Anne Amadi, the directive interferes with JSC’s mandate and is unnecessarily restrictive.
In the case documents, she claimed that the decision was unlawful as it limits the number of sittings as well as regular reviewing of remuneration and benefits of all State officers.
Apart from the three named positions which are to be filled, JSC is also in the process of interviewing and filling vacancies of 20 judges of the Environment and Lands Court as well as 100 clerks.
They want it determined on whether the said circular failed to take into account the unique role of JSC as a policy making, administrative and disciplinary organ of the Judiciary.
In addition, they also want it determined whether SRC ought to have sought the attorney-general’s opinion prior to making that directive.
JSC wants it declared that the role of SRC is limited to setting the remuneration and benefits of State officers serving in the Commission and not determining the number of meetings it holds in discharging its mandate.
It also wants it declared that SRC decision to cap the remunerable meetings for JSC members to not more than eight meetings in a month is unconstitutional and interferes with its administrative independence.
(Editing by Joel Muinde)
