High Court bars MPs from vetting Warsame for JSC post
Justice Mohamed Warsame. He was re-elected president of the Court of Appeal. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
- Justice Warsame was re-elected to the JSC by his Court of Appeal colleagues early this year in an exercise that external political players tried to influence in vain.
- He garnered 16 votes against four obtained by his sole challenger, Justice Wanjiru Karanja.
The National Assembly has no role in the vetting of Court of Appeal Judge Mohammed Warsame for him to serve as a commissioner in the Judicial Service Commission, the High Court ruled Friday.
Justice Enoch Chacha Mwita in his decision, invalidated the forwarding of Justice Warsame's name to Parliament for vetting.
He also barred the National Assembly from vetting or approving his name.
LAW
"A declaration is hereby issued that Justice Warsame having been selected by judges of the Court of Appeal as a member of JSC in accordance with the law, is not subject to approval by the National Assembly," said Justice Mwita.
In March, President Uhuru Kenyatta forwarded Justice Warsame’s name to Parliament for consideration by the Justice and Legal Affairs Committee before his formal appointment to the JSC.
Justice Warsame was re-elected to the JSC by his Court of Appeal colleagues early this year in an exercise that external political players tried to influence in vain.
He garnered 16 votes against four obtained by his sole challenger, Justice Wanjiru Karanja.
Following receipt of the judge’s name, Clerk of the National Assembly Michael Sialai gave the public until March 28 to submit their views on suitability of Justice Warsame to serve in the JSC.
The move to subject Justice Warsame to vetting by MPs generated a storm with members of the legal fraternity terming it unconstitutional.
