The executive is scheming to influence the judiciary by having judge David Maraga appointed Chief Justice, a civil society group has said.
The International Centre for Policy and Conflict says the executive is scheming to interfere with the independence of the judiciary.
In a statement, ICPC executive director Ndung’u Wainaina also alleged that the nomination is meant to tame the opposition and civil society groups, while defending the executive’s interests in succession politics in 2017 and 2022.
“It is common knowledge that two members in the JSC served both URP and TNA and now they are sitting on a team to appointment a person who will rule on the 2017 and 2022 election petitions,” he said.
Wainaina added that most of the other team served the interests of the state at the expense of Kenyans.
He said the few left in the team could not operate independently since the executive appointees are crowded at the commission.
“When you have persons from one [ethnic community] heading all security arms of the government then it is clear that you are up to something not good for Kenyans. This team is loyal to you and not ready to serve the interests of Kenyans, but the master somewhere,” Wainaina said.
The constitutional expert said Parliament is already gagged through Speaker Justin Muturi, who was loyal to President Uhuru Kenyatta, to make unconstitutional and unfair rulings in the National Assembly.
“After JSC was compromised it was a clear indication that the process of recruiting the Chief Justice and President of the Supreme Court of Kenya does not meet standards. The next will now be the county government through intimidation and change of the laws,” Wainaina said.
On Thursday last week, the JSC nominated Maraga for Chief Justice.
President Uhuru Kenyatta is awaiting official notification of that appointment and will do what needs to be done within the time frame set by the law, State House spokesman Manoah Esipisu said.
After the President receives the name, he should forward it to Parliament for debate. Legislators can approve it and return it to the President for appointment. If Parliament rejects it, the JSC has to select a new name to forward to the President.
This morning, the JSC starts interviews for the vacant post of Deputy CJ. Sixteen candidates have been lined up for the interviews, with justice Abida Ali Aroni appearing in the morning followed by Court of Appeal judge Agnes Murgor.
Unlike the interviews for the post of CJ, the commission will interview two candidates for DCJ every day.