Justice Antony Mrima has declined to issue orders stopping the ongoing Chief Justice interviews.
In a short ruling delivered on Monday afternoon, Justice Mrima referred the matter to the Acting CJ to appoint a three-judge bench to hear and determine the issue of granting orders.
The judge ruled that the case raises substantial issues of law and should be heard by a bench.
He also ruled that the decision issued by the bench will be used in future cases of that nature.
In the case, Tolphin Nafula has sued the Judiciary Service Commission challenging Olive Mugenda's position as the chair of the commission in the interviews.
Nafula says Deputy Chief Justice Philomena Mwilu should be chairing the sessions and not Mugenda.
She says Mugenda was elected as an interim vice chairperson and later they learnt that she will oversee the interviews.
"This election of Prof Mugenda will thereby relegate the Acting Chief Justice to the status of an ordinary member," read court papers.
Nafula argues that it is in the interest of the candidates, JSC and the entire country that a valid and constitutionally-compliant process is undertaken so that it is immune from subsequent legal challenges.
She also argues that the case was filed last week well within time and the orders sought shall not occasion any loss considering the substantial constitutional issues that are stake.
-Edited by Sarah Kanyara
