JSC faulted over Judiciary list

By MAORE ITHULAKenya Christian Professionals have rejected the recent nomination of two leading lawyers to fill the positions the Chief Justice and Deputy Chief Justice.
Led by Charles Kanjama, an advocate of the High Court, the group dismissed the selection terming it unconstitutional and a breach of the law.

Bishop Mary Kangendo of Kisima cha Neema cha Mwana wa Daudi shares a light moment with Eldoret North MP William Ruto after a church service in Mombasa, Sunday. Ruto faulted JSC for forwading only two candidates for appointment to Chief Justice offices. [PHOTO: OMONDI ONYANGO/STANDARD]

In a press conference held late yesterday in Nairobi, Kanjama said by nominating a single individual to each of the two judicial positions, the Justice Service Commission has presented a fait accompli (an action which is completed before those affected by it are in a position to query or reverse it).
The group argued JSC should have followed the path taken by Public Service Commission in the search for a person to fill the position of Director of Public Prosecutions, where the latter picked three candidates from among whom President Kibaki and Prime Minister Raila Odinga and Parliament would select one.
Make a choiceKanjama said: "JSC should have recommended multiple individuals for the President to nominate. The current process abrogates the President’s constitutional duty to nominate by making a choice between qualified candidates."
The group of 15 professionals drawn from various fields including medicine, law and business said JSC’s action raises a number of legal challenges. They invoked Article 166(3), which contemplates the CJ and other judges of the Supreme Court will be appointed by the President from among persons with stipulated qualifications.
"Clearly, then, the appointment must be from amongst a number of individuals," said Peter Waiyaki, also an advocate.
Kanjama complained that nominating a single individual to the office also puts undue pressure on the Parliament and the Executive to approve the nominee or else cause delay in the implementation of the Constitution.
Reform processWaiyaki argued in the event the nominees were rejected by either the principals or Parliament, the process would have to be restarted, thus causing further delay in the reform process.
In their view, the group said actions of JSC were unfair to other applicants of the jobs, because by settling on just a single individual for each post was an indication the panel had a preset decision on who to give the jobs.
Dr Willy Mutunga and Nancy Baraza were nominated for the posts last week after a rigorous two-week interviews that many viewed as humiliating to some individuals.