The ongoing interview in Kenya for the post of Chief Justice is illegal
By Chris Ojow
A Kenyan has filed a petition at the High Court in Nairobi Milimani
seeking to stop the ongoing interviews for the position of the Chief
Justice.
The applicant in his application says that the current process being
conducted by Judicial service Commission (JSC) to pick an individual
to succeed retired chief Justice David Maraga is an illegality and
open defiance of the constitution.
Represented by Lawyer Danstan Omari, the activist wants the
process which four candidates namely Justice Juma Chitembwe,
Prof. Patricia Kameri Mbote, Lady Justice Martha Koome and Justice
David Marete have been interviewed halted on grounds that the JSC
failed terribly to vet the candidates before shortlisting them for
interview as the candidates thus far have admitted to not have
submitted their wealth declaration forms and of their spouses in
breach of Chapter Six of the Constitution.
“There is need that the current interviews for the person suitable
for the office of the Chief Justice be stopped to avoid further wastage
of public funds and open dereliction of the Respondent’s (JSC)
constitutional duty and their conduct of interview that are clearly
anathemic to constitutional principles and dictates,” says Omari.
during interview the commision panel was seen puting Justice
marete into task as to why he did not attach his wife’s wealth
declaration forms.
But in response the judge told the commission that his wife who
retired from the judiciary three years ago does not make any
income
He told the commission that they are a very transparent family and
in the 38 years that his wife worked in the judiciary and his over 8
years none of their children have been taken to work there.
However the judge was given more time to submit the wealth
declaration forms before the conclusion of the interviews.
Omari further wants the court to compel the JSC to release to the
public the score card of each commissioner on their individual or
collective rating of the suitability of each of the candidates that has
been interviewed for the position of the office of the Chief Justice.
The petitioner further questions why acting Chief Justice Philomena
Mwilu is not not chairing the JSC which is conducting the current
interview.
“That the interviews hisnare strangely being chaired by professor
Olive Mugenda who is only but a Commissioner to the Judicial
service Commission (JSC) yet the Judiciary was left under the care of
DCJ Philomena Mwilu as the acting Chief Justice who should be the
chair of the interviews,” reads the petition.
Ocharo avers that it is not apparent clear why the current
interviews are being chaired by Mugenda in open defiance and
insubordination of the constitutional
He says that the statutory demand that the JSC affairs should either
be Chaired by the Chief Justice and or his Deputy in his absence.
“The court be pleased to issue a conservatory order temporarily
suspending the ongoing interview process for the suitable person
for the position of the Chief Justice of the Republic of Kenya
previously slated from April 12 2021 to April, 23 2021,” says Ocharo.
Mugendi is presiding over a panel of commissioners namely Deputy
Chief Justice Philomena Mwilu (Supreme Court), Justice Mohamed
Warsame (Court of Appeal), Justice David Majanja (High Court), Ms
Olwande (Chief Magistrates Court), Macharia Njeru (Law Society of
Kenya), Ms Ann Amadi (Judiciary Registrar), Kihara Kariuki
(Attorney General), Patrick Gichohi (Public Service Commission),
Felix Koskei (public representative).
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