Man wants dismissal from JSC hiring reviewed

A man who sued the Judicial Service Commission for failing to consider him as a Court of Appeal judge wants his case reinstated.

Duncan Ojwang’s case was dismissed on June 3 by High Court Judge John Mativo for non-attendance.

Ojwang’ wants the dismissal order reviewed. He says the reason for non-attendance was because the law firm on record – Ojiambo and company advocates – ceased to act on his behalf for lack of payment.

“I missed a crucial court session by appearing to court after the matter had been mentioned and dismissed. At the time it occurred, I was desperately seeking to find any lawyer who could appear on that same morning of June 3,” he says in his court documents.

But before it was dismissed, the commission had filed an affidavit urging the court not to grant the order sought by Ojwang’ on grounds it would disrupt an ongoing process, contrary to the public interest.

Ojwang’ argued that the JSC did not communicate the criteria used to shortlist the successful candidates or and reject the applicant and others. He claimed that failure to consider his qualifications is against the principles of equal opportunity for all. Thus, the court should halt the process, he said.

But the commission said Ojwang’s application was misconceived and ought to be dismissed.

“Ojwang’s application is premised on alleged discrimination that he has a doctorate which we did not consider in the shortlisting process. There were other requirements set out by the commission on the qualifications for appointment, having a doctorate was not a mandatory or the only requirement for one to be shortlisted,” the commission says.

JSC claims Ojwang’ has not demonstrated that he met all the requirements to warrant the interrogation of the process by the court.

“Orders sought by Ojwang’, if granted, will affect other applicants who are not party to the proceedings and will otherwise disrupt an ongoing process."

Edited by R.Wamochie