Kenya’s quest for a new Chief Justice could be delayed further after an MP challenged in court the legality of the body that has been mandated to conduct the nomination.
Juja MP William Kabogo, in a suit filed at the Nairobi High Court yesterday, claims that members of the Judicial Service Commission are in office unconstitutionally.
He says the President appointed the members of JSC in disregard of the provisions of the constitution. Kabogo’s lawyer Nick Ndichu argued before Justice Daniel Musinga that the Office of the President appointed and established JSC without following the constitutional provisions.
One of the constitutional flaws is that the President had appointed the members of the team for a period of five years each instead of the three years as provided in the statute. The members of the commission are former CJ Evan Gicheru, Ahmednassir Abdullahi, Justice Isaac Lenaola, Justice Riaga Omollo, Emily Ominde, Florence Mwangangi, Christine Mango, Antony Muheria, Titus Gatere.
The other contention is that while making the appointments, the Office of the President failed to appreciate that there was a conflict in sections of the constitution which deals with the establishment of JSC and appointments.
Kabogo wants the court to issue orders restraining JSC and the Attorney General or any State organ from carrying out the duties of JSC until the case is determined .
Lawyer Ndichu told the court the matter was urgent because JSC was likely to nominate people to be appointed CJ and deputy CJ soon. If the appointments were concluded, he added, the same would be founded on illegality.
Justice Musinga said the case was urgent but requires careful consideration because it has far reaching ramifications whichever way the court decided it.
He deferred his ruling until today 2.30pm.
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