- Thirty-one judges and lawyers have been shortlisted for Court of Appeal judges and 105 lawyers and magistrates for High Court judges.
- They want the six judges, the President declined to appoint to be sworn in before any recruitment is done.
Image: MERCY MUMO
The High Court has temporarily barred the Judiciary Service Commission from recruiting new judges until a case challenging the process is concluded.
Katiba Institute has sued Chief Justice Martha Koome and JSC seeking to stop the recruitment of new judges until the six judges whom President Uhuru Kenyatta had refused to confirm are appointed.
Koome is the chairperson of the JSC.
JSC had shortlisted 135 candidates for interviews later this month to fill the position.
Thirty-one judges and lawyers have been shortlisted for Court of Appeal judges and 105 lawyers and magistrates for High Court judges.
Justice Antony Mrima on Friday issued conservatory orders suspending any further action by JSC.
The orders includes invitation, consideration, evaluation, deliberation or interview of application for appointment of judges to the Court of Appeal and High Court.
The interviews were slated to commence on June 20 with the Court of Appeal candidates.
Judge Mrima said whereas there is need to recruit more judges to the superior courts, the process must comply and be within the constitution, otherwise it will be a nullity.
The court further ruled that unless it is accorded an opportunity to determine the issues raised in the petition, the constitution and the law may be irreparably contravened if the petition succeeds.
“It’s important for the shortlisted candidates to know what awaits them in the recruitment process. Should the successful candidates expect to undergo scrutiny by the Executive,” the court ruled.
Mrima wanted to know how long it will take for those recommended as judges to be appointed to office and if JSC is independent in the recruitment exercise.
“These and many more questions cannot be assumed if the sanctity of the recruitment process is to be preserved,” the court said.
The court also noted that there are key issues pending determination before the court of appeal.
Katiba Institute argued that JSC advertised and began recruitment while ignoring that there is a pending case at the Court of Appeal on appointment of judges.
They want the six judges, the President declined to appoint to be sworn in before any recruitment is done.
The judges who the president declined to appoint to the Court of Appeal include Joel Ngugi, Aggrey Muchelule, George Odunga and Weldon Korir.
Also not making it to the list of appointees were Registrar of the High Court Judith Omange and chief magistrate Evans Makori, who had been nominated to the Environment and Lands Court.
(Edited by Tabnacha O)