Activist wants Judge Mohamed Warsame vetted before joining JSC

An activist has moved to court to have Court of Appeal Judge Mohamed Warsame barred from joining the Judicial Service Commission (JSC) until he is vetted and approved by Parliament.

Simon Njuguna, on Wednesday sued the Attorney General, JSC and the National Assembly, while challenging those protesting against the vetting of Justice Warsame for another term at the commission.

Mr Njuguna argued that despite Justice Warsame being lawfully elected by his colleagues to represent them in the JSC, besides being appointed by President Uhuru Kenyatta, he was bound to be subjected to vetting by Members of Parliament.

DEFIANCE

He claimed that the failure on the part of the judge to appear before the National Assembly for vetting or defiance, would lead to a violation of the Constitution.

“It is imperative to ensure the certainty of the law in respect to the identification of nominees, approval and appointment to constitutional commissions,” said Mr Njuguna.

“It is necessary to halt the appointment of Justice Warsame herein and the court to give an interpretation of the law applicable to the appointment of the members of JSC in order to avoid uncertainties,” he added.

He alleges that there are strict timelines within which such a post is required to be filled.

APPROVAL

According to the activist, approval by Parliament should not be seen as demeaning one arm of government.

He argued that Kenyans have a right to public participation in the constitution of commissions.

The Law Society of Kenya and Justice Warsame are listed as interested parties in his case. The LSK has also filed a similar case.  

Last month, the High Court issued temporary orders barring the judge from presenting himself before Parliament for vetting.