JSC, MPs head for clash over vetting of Judge Warsame

Court of Appeal judge Mohamed Warsame. He has been nominated to the Judicial Service Commission. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Members of the legal fraternity have termed the move by MPs to vet Justice Warsame unconstitutional.

The conflict pitting the legal fraternity on the one hand against President Uhuru Kenyatta and Parliament on the other has escalated with the Judiciary formally notifying MPs that Justice Mohamed Warsame will not subject himself to vetting.

In a letter to the Clerk of the National Assembly Michael Sialai, Chief Registrar of the Judiciary Anne Amadi is categorical that Justice Warsame “will not subject himself to the process of approval by the National Assembly” before he can be formally appointed to serve in the Judicial Service Commission (JSC).

“The JSC holds the considered view that the approval of Justice Warsame by Parliament is neither provided for in the Constitution of Kenya 2010 nor the Judicial Service Act 2011.

"The JSC further takes the view that the proposed approval by the National Assembly as a commissioner of the JSC is unlawful, unconstitutional, a violation of the express provisions of Section 15(2) of the Judicial Service Act 2011 and undermines the independence of the Judiciary,” Ms Amadi states in the letter.

ILLEGAL
President Kenyatta on Tuesday 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 two weeks ago 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 has given 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 has generated a storm with members of the legal fraternity terming it unconstitutional.

In a letter to Mr Sialai, outgoing Law Society of Kenya President Isaac Okero terms the intended vetting “completely untenable and a violation of the Constitution”.