A man has sued the Judicial Service Commission for failing to consider him for the position of a Court of Appeal judge.
Duncan Ojwang’ says the shortlisting and entire process of recruitment has not been undertaken in an open and transparent manner.
Through lawyer Colbert Ojiambo, Ojwang’ says he made his application following the notice of vacancy and advertisement by the commission on February 22.
But the commission discriminated against him by failing to consider his qualifications while considering other shortlisted candidates’ doctorate qualifications.
“The commission has proceeded to conduct the interviews of persons shortlisted and is due to forward the names of successful candidates to the President for an appointment any moment from today. Failure to consider my relevant qualifications is against the principles of equal opportunity for all,” he says.
Ojwang’ argues that the JSC did not communicate the criteria used to shortlist the successful candidates and reject the applicant and others.
“Unless this flawed process is halted urgently to allow for transparency and accountability, the independence and impartiality of the judiciary is threatened and the public confidence in the institution of administration of justice at risk of being eroded,” he says
According to court documents, Ojwang’ says failure to shortlist him was either done in bad faith or done with undue disregard to his qualification.
He says he submitted before March 18 deadline both in hard and soft copy.
“I noticed my name was listed without my qualifications (doctorate) while other applicant’s qualifications (doctorate) were listed,” he says.
Ojwang’ has a doctorate from the University of Arizona attained in 2013.
(edited by O. Owino)
