Lawyer files case to stop hiring of Chief Justice, deputy
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:
- The lawyer said the requirements are “not legal but arbitrary.”
- He said the JSC had also demanded from the applicants their audited accounts and tax returns for the past three years.
- Justice Odunga certified the case as urgent and directed the case be mentioned on July 22 for further directions.
Another petition challenging the hiring of the next Chief Justice, Deputy Chief Justice and a judge of Supreme Court has been lodged at the High Court in Nairobi.
Arnold Magina, a lawyer, wants the interviews and selection process, set to begin on August 29, stopped on the grounds that the process is flawed and violates the Constitution.
Through lawyer Elisha Ongoya, the petitioner wants proper scrutiny of the qualifications of the applicants regarding experience, academic excellence and integrity.
“The Constitution is clear and has not left the process to benevolence, malevolence or innovative craft,” the lawyer said Tuesday during a preliminary hearing before Justice George Odunga.
He said the Judicial Service Commission (JSC) must be guided by the law in seeking to fill the vacancies.
ARBITRARY REQUIREMENTS
The lawyer said the JSC had asked candidates for clearance certificates from the Kenya Revenue Authority, Higher Education
Loans Board, Law Society of Kenya, Directorate of Criminal Investigations, anti-corruption agency and the Credit Reference Bureau.
He said the JSC had also demanded from the applicants their audited accounts and tax returns for the past three years.
The lawyer said the requirements are “not legal but arbitrary.”
He said the JSC's requirements only serve as a higher bar or an added advantage “but not a threshold for qualification.”
The lawyer said the JSC's actions may lock out qualified candidates.
Justice Odunga certified the case as urgent and directed it be mentioned on July 22 for further directions.
Two other petitions have been filed in the past two weeks seeking to stop the hiring of the judges and they are yet to be determined.
