Justice Anna Mwaure has recused herself from a case where lawyer Nelson Havi is seeking to stop the interview process of 100 applicants for the positions of High Court judges.
The interviews, which commenced on Wednesday, April 3, are meant to fill 20 vacancies at the high court.
Through a petition filed before the Employment and Labour Court, Havi however wants the same suspended until the case is heard and determined.
In the petition, he sued the Judicial Service Commission and Commissioner Macharia Njeru.
When the matter came up on Tuesday before Justice Mwaure, the former president of the Law Society of Kenya raised issue with the dates that the court had given for ruling on the notice of motion.
He argued that even though the notice was filed in March and a preliminary by the respondent on April 2, the court had not heard them and "purported that it would deliver ruling on the motion on April 11".
He lamented that the date will be way into the interviews which are slated to end on April 30.
Noting that the purpose of accessing the court of a constitutional petition is to conserve the subject matter, he argued that the court had failed to do so, adding that despite the outcome, the proceedings will be defeated.
After resting his case, Justice Mwaure began addressing the court giving directions on the matter when Havi interrupted her demanding that she recuses herself.
"I would like you to disqualify yourself and take this matter to the presiding judge. I don't want to appear before you. This court does not have the competence to define this matter it is quite evident," he said.
This resulted in the recusal and orders for the file to be forwarded to the Employment and Labour Relations Presiding Judge Byram Ongaya.
"The petitioner has failed to respect the court. The court has no reason to recuse however the file is to be presented to the Presiding Judge on April 4," Justice Mwaure ordered.
In the petition in question, Havi argues that there is favouritism and discrimination.
He states that Njeru is conflicted as the first candidate shortlisted for the interview on Wednesday is a partner at Macharia Mwangi and Njeru advocates.
Havi also wants the JSC to explain why for the first 20 shortlisted candidates only one has 14 years' experience and none has below years of practice limit of 10 years.
"There has been discrimination of applicants below 15 years' experience," the petition reads in part.
