LSK wants Judiciary promotions halted

Lawyers have protested against the criteria used in promoting judiciary officials.

This comes after the Judicial Service Commission (JSC) released a list of 247 officials to be interviewed for promotion. It comprises serving magistrates only and excludes lawyers.

The Law Society of Kenya (LSK) said the commission should immediately stop the interviews, because they were unconstitutional, having locked out lawyers in private practice.

“The fact that the notice has locked out private practitioners not only offends the spirit and provisions of the Constitution but also discriminates against other equally qualified members of the profession who wish to compete competitively in filling vacancies in the Judiciary,” said LSK secretary Apollo Mboya.

He cited Article 232 of the Constitution that provides for fairness in public appointments and promotions.

“The current vacancies in the Judiciary are required to be advertised for all the qualified, including private law practitioners, to compete with serving judicial officers,” said Mr Mboya.

“We urge the JSC to rescind the notice and fill the vacancies through competitive interviews that will take into account meritocracy and competence as the fundamental consideration,” said the society’s secretary.

Mr Mboya was supported by Prof Tom Ojienda, who represents lawyers in the JSC.

“The position taken by the LSK is the correct one. The JSC is under obligation to advertise any vacant post. My position has always been that all the openings should be advertised and filled competitively,” he told the Nation.

“Lawyers, just like magistrates, are Kenyans and should be given a chance to compete for positions within the Judiciary. The JSC is no longer a closed shop where you carry out in-house promotions,” added Prof Ojienda.

But a High Court judge who refused to be named because he is not authorised to speak on beha of the Judiciary accused LSK of creating a storm where there was none.