High Court judge Joseph Ongutu has declined to issue orders stopping the publication of the gazette notice on Isaac Lenaola's appointment as Supreme Court judge.
But the judge certified the case by the National Gender and Equality Commission as urgent and directed that the matter be heard on November 2.
The commission wants the court to rescind Lenaola's appointment on grounds that the Judicial Service Commission failed to consider the two thirds gender principle.
Gender commission chairperson Wilfred Lichuma, in documents filed in court, said the judge was recommended in violation of articles 10, 27, 127(b) and 232 (1)(i) of the constitution.
The commission further claimed that on July 15, it issued an advisory to the JSC on the matter through its secretary and the chief registrar Anne Amadi.
"Unless the court preserves the status quo and bars the swearing into office of judge Lenaola pending hearing and determination of the case, the petition will be rendered nugatory and of no use," reads the petition.
Lenalola was named as the first interested party
in the case and the JSC and the AG as respondents.
Lenalola was nominated to replace
retired justice Philip Tunoi. He beat 21 other candidates who were shortlisted for the position although several applicants withdrew.
Those who pulled out included Justice Pauline Nyamweya who said she was from the same community as the newly appointed Chief Justice David Maraga.
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