Prof Makau Mutua and the Katiba Institute have moved to court seeking to compel JSC to publicize the marks scored by candidates who interviewed for the Chief Justice position.
In a petition filed in court on Tuesday, the two parties want the court to order JSC to release the results of the interview to the public for transparency.
Mutua claims that he had also applied for the position of the Chief Justice in 2016 but was not successful but the commission has never released his results to him.
He says he wrote to the JSC seeking information relating to the criteria for evaluation of qualification, particularly if the criteria used included indicators other than those provided under Section 13 of the JSC Act.
However, the commission responded saying they will not disclose the said information to him in order to protect the privacy of the applicants.
“The reasons given by the JSC in arriving at its decision were arbitrary and insufficient contrary to Article 47 of the Constitution,” read court orders.
Mutua and Katiba Institute argue that the refusal by the commission to provide the petitioners with the information sought is an infringement of their rights.
"That an order be issued compelling JSC to provide the information sought under Article 35 1 a and to publicize that information in accordance with Article 35 3 of the Constitution and failure to provide reasons and to adequate reasons for refusal of disclosure is a violation or threat of violation of Article 47 1 and 2 and sections 4 and 6 of the fair Administrative Action Act,” reads court papers reads.
Mutua wants the court to stop the commission from forwarding the name of a nominee to the President until the case in heard and determined.
