More than 100 successful applicants for the positions of Court of Appeal and high court judges were Thursday relieved after the appellate court suspended a ruling that had stopped their interviews.
Justice Antony Mrima had barred the JSC from conducting the interviews on 135 applicants from Monday next week.
However, Appeal court judges Wanjiru Karanja, Agnes Murgor and Imaana Laibuta set aside the order pending the hearing of an appeal filed by JSC and CJ Martha Koome.
The court ruled that JSC and Koome had successfully demonstrated both arguability and the nugatory aspect, and bolstered this with a demonstration that it is in the public interest that the recruitment process of the much-needed Judges proceed uninterrupted pending the hearing and determination of the petition before the High Court.
The judges ruled that katiba Institute and other petitioners had failed to demonstrate what prejudice they stand to suffer if the recruitment process proceeds as intended.
JSC had shortlisted candidates for interviews this month to fill positions of judges of the court of appeal and high court.
Justice Mrima had issued conservatory orders suspending any further action by JSC including invitation, consideration, evaluation, deliberation or interview of application for appointment of judges to the court of appeal and high court.
Judge Mrima has said that whereas there is a need to recruit more judges to the superior courts, the recruitment process must itself comply and be within the constitution otherwise it will be an annuity.
In the case, Katiba Institute had sued CJ Martha Koome and JSC seeking to stop the recruitment of new judges until the 6 judges are appointed into office
