The Law Society of Kenya has failed again to temporarily stop the implementation of new legislation giving the president powers to appoint the Chief Justice and the Deputy Chief Justice.
Justice Isaac Lenaola gave the Attorney-General and the National Assembly more time to respond to the suit before the hearing next week.
“I see no justification at this stage of the proceedings to grant any interim orders stopping the implementation of the law as amended in the Judicial Service Act.
Let all the parties file their responses before the hearing next Friday,” said Justice Lenaola.
He also allowed seven non-governmental organisations and the Judicial Service Commission to join the dispute as friends of the court and interested parties.
The LSK has criticised the new law that came into effect on December 15, 2015, saying it has amended critical sections of the Judicial Service Act, thereby interfering with the independence of the Judiciary.
According to the lawyers, the Act, as amended, goes against the principle of separation of powers among the three arms of Government and should be suspended for violating constitutional provisions on judicial independence.
“The Constitution has clearly stated that the Judicial Service Commission shall forward one name of a qualified person to the President for nomination as CJ or DCJ but the new laws have come up with a formulation requiring the JSC to forward three names,” said the LSK.