Juja MP William Kabogo at Parliament buildings on February 24, 2011. Photo/FILE
By JILLO KADIDA jkadida@nationmedia.comPosted Thursday, March 3 2011 at 22:10
The quest for a new Chief Justice might suffer a setback following Thursday’s filing of a case seeking to stop the hiring.
Juja MP William Kabogo is asking the High Court to stop the Judicial Service Commission from working on the matter until his case has been heard.
According to Mr Kabogo’s lawsuit, the commission was put in place without following proper procedure, therefore it is unconstitutional.
The MP says that the appointment of commissioners violated the Constitution and set a dangerous precedent.
The commissioners were appointed on 26 October, last year.
“The President’s office misdirected itself by failing to appreciate the conflict under article 171 read with section 20(3) and sixth schedule which deals with establishment of the commission,” the MP says.
Mr Kabogo says that the process of nominating the Chief Justice has generated heat in a manner that threatens national unity and as a result it is necessary that the judicial commission, which is mandated to vet such persons, be sanctioned by law.
The case comes days after the commission announced that it would advertise the Chief Justice and the Deputy Chief Justice positions.
The advertisement for the two posts will be published in the Kenya Gazette and mainstream newspapers on Friday.
It will also be available on the Judiciary and Kenya Law Reform websites.
Last month, Prime Minister Raila Odinga had objected to President Kibaki’s nominees of Court of Appeal judge Alnashir Visram as Chief justice, Prof Githu Muigai as the Attorney-General and Kioko Kilukumi as the Director of Public Prosecutions.
Mr Odinga said he objected because he was not consulted as provided for by the Constitution. (Read: Why I reject new Chief Justice)
The Committee on the Implementation of the Constitution, the Judicial Service Commission and the AG also opposed the nominations, saying they were unconstitutional.
This was upheld by High Court judge Daniel Musinga, who declared the nominations illegal. DOWNLOAD: Court ruling on Kibaki nominees
National Assembly Speaker Kenneth Marende too weighed in by not allowing debate on the names.
The President then withdrew the nominations. (Read: Kibaki withdraws list of nominees, PM welcomes move)
On Thursday, Mr Justice Musinga said he would rule this afternoon since weighty issues had been raised which needed proper consideration.
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