Case to stop hiring of CJ moved to constitutional court
The Supreme Court building in Nairobi. A lawyer has sued to stop the hiring of the Chief Justice, Deputy Chief Justice and a judge of Supreme Court. FILE PHOTO |
What you need to know:
- Trusted Society for Human Rights Alliance, sued the Judicial Service Commission (JSC) claiming that the exercise was shrouded in secrecy.
- The lobby group is seeking conservatory orders barring the JSC from interviewing the shortlisted candidates.
- The second petition was filed by lawyer Arnold Magina who wants the interviews and selection process set to begin on July 29, stopped.
Nakuru High Court has referred petition challenging the recruitment of the Chief Justice, deputy Chief Justice and Supreme Court judge to the Constitutional and Human Rights Court in Nairobi.
Justice Maureen Odero declined to hear the petition filed by a lobby group on last Friday, directing that the case be consolidated with a similar one filed in Nairobi.
The lobby, Trusted Society for Human Rights Alliance, sued the Judicial Service Commission (JSC) claiming that the exercise was shrouded in secrecy and was being conducted against the Constitution.
They argued that the recruitment does not inspire public confidence.
The lobby group is seeking conservatory orders barring the JSC from interviewing the shortlisted candidates and from filling the positions until the matter is heard and determined.
LOBBY GROUP'S CASES
In 2011, the lobby group also challenged the appointment of former Ethics and Anti-corruption Commission Chairman Mr Mumo Matemu.
Three judges upheld a petition by human rights group Trusted Society of Human Rights Alliance that Mr Matemu suffered serious integrity issues making him unsuitable to head the anti-graft body.
Judges Joel Mwaura, George Odunga, and Mumbi Ngugi directed the appointing authority — President Kibaki and Prime Minister Raila Odinga with the approval of Parliament, to choose another person “who is morally upright to head the commission.”
The judges said that no proper enquiries were conducted to give Mr Matemu a clean bill of health following allegations of impropriety when he served as the chief legal officer of the Agricultural Finance Corporation (AFC).
Furthermore, the group has also challenged the election of Narok Governor Samuel Ole Tunai in 2013 and currently has filed a case in court challenging the credibility and qualifications of the Eldoret University vice chancellor.
SECOND PETITION
On the recruitment of a new CJ, deputy CJ and Supreme Court judge, the group, through its lawyers Benard Kipkoech Ng’etich and Lawrence Karanja argues that the process has denied participants an equal opportunity as required by the law.
The group has questioned the exclusion of Supreme Court judge Jackton Ojwang', law professor Makau Mutua, former anti-graft agency boss Aaron Ringera and others from the list of applicants, claiming JSC members were being driven by malice, impunity and greed.
Justice Odero ruled that the case be heard expeditiously before Constitutional and Human Rights Judge George Odunga.
“Since there is a similar case in Nairobi, the court hereby transfers the matter which will be heard before Justice George Odunga on Friday ,”said Justice Odero.
The second petition was filed by lawyer Arnold Magina who wants the interviews and selection process set to begin on July 29, stopped on grounds that the process is flawed and violates the Constitution.
In his petition before Justice Odunga through lawyer Elisha Ongoya, he wants more scrutiny of the qualifications of the applicants regarding experience, academic excellence and integrity.
The lawyer argued requirements by the JSC on the posts were not legal but arbitrary.
On the other hand, Trusted Society for Human Rights Alliance argues that JSC is resistant to public scrutiny and that it was using a suspect and unknown criteria to fill the vacant positions.
