Court delays date for JSC nominees to assume office

National Assembly's Committee on Health vets Prof Olive Mugenda as a nominee to the Judicial Service Commission, on February 21, 2018. PHOTO | MARTIN MUKANGU | NATION MEDIA GROUP

What you need to know:

  • Justice Okwany said she could only refer the case to Justice John Mativo, who issued the temporary orders.

The High Court declined to extend orders stopping the swearing-in and gazettement of three nominees to the Judicial Service Commission.

Justice Wilfrida Okwany said she could not heed the request of extending orders that barred Prof Olive Mugenda, Mr Felix Koskei and Mr Patrick Gichohi from assuming office following their appointment by President Uhuru Kenyatta and subsequent vetting by Parliament.

Instead, the judge said she could only refer the case to Justice John Mativo, who issued the temporary orders.

On March 9, Justice Mativo said the orders should remain in place for 14 days.

Though she did not specify if the orders had been set aside, Justice Okwanyi’s directive could create a leeway for the three to be sworn into office.

“This matter be referred to Justice Mativo. The parties should appear before him on April 20,” she said.

Katiba Institute wanted the court to stop the swearing-in and gazettement of the three as JSC officials.

The lobby sued the Public Service Commission, the National Assembly and the Attorney-General.

The University Academic Staff Union is listed as an interested party in the case.