THE ONGOING INTERVIEW IN KENYA FOR THE POST OF CHIEF JUSTICE IS ILLEGAL

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).