National Assembly yesterday adopted a report asking President Uhuru Kenyatta not to appoint Justice Mohamed Warsame as a member of the Judicial Service Commission.
On Wednesday, the House passed an amendment to report by the Committee on Justice and Legal Affairs to delete a recommendation that the committee could not proceed to vet Warsame. The matter is pending in court.
The deletion of the recommendation allowed the legislators to debate the report. Last month, the High Court temporarily barred the MPs from vetting or summoning Warsame for JSC membership.
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Justice Roselyne Aburili further suspended the notice issued by Parliament, inviting the public to submit representations concerning Warsame vetting.
“The petition raises questions of law and constitutionality of the process of appointment of Warsame upon his election as the representative of the Court of Appeal,” Aburili said.
The LSK, which took the matter to court, says vetting Warsame will be acting outside the Constitution and without legal authority. Minority leader John Mbadi and Ruaraka MP TJ Kajwang attempted in vain to plead
with the House to leave the matter to be determined by the court, insisting that debating the report would amount to sub judice.
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