THE High Court will rule this morning on whether a single judge or more will hear a case challenging a new law
giving President Uhuru Kenyatta powers to appoint the next Chief Justice.
The Law Society of Kenya seeks to quash a law giving the President new powers to appoint the CJ and deputy CJ.
It terms "illegal" the amendment to section 30 of the
Judicial Service Commission Act to give the President powers he doesn’t have under the constitution.
The Act requires the JSC to forward three names to
the President instead of one, as previously provided.
Lawyers opposed the move, saying it goes
against the constitution and amounts to interference with the judiciary's independence.
It also interferes with
the JSC's independence and violates the rule of separation of powers, they said.
Judge Isaac Lenaola will determine whether the case requires empanelling of a bench of judges to hear it.
Yesterday, a five judge bench hearing a case
touching on similar issues adjourned the matter, awaiting the ruling by Lenaola.
