The story behind the JSC interviews halt by the High Court

By Amunga Peter

  1. The High Court has stopped the JSC from making any consideration on the appointment of the Chief Justice after completion of interviews this coming Friday.
  2. Justices Anthony Mrima, Wilfida Okwany and Reuben Nyakundi ruled that the JSC should NOT commence the interviews for the position of judge of the Supreme Court.
  3. Three (3) applicants had filed a petition seeking conservatory orders to halt the interviews citing breach of the Constitution of Kenya
  4. The applicants are Memba Ocharo, Philip Thuita Muchiri and Damaris Wakiuru Ndirangu.
  5. The main premise of the application by petitioner Memba Ocharo is that the interviews for the position of CJ should NOT be chaired by Prof. Olive Mugenda who is only a commissioner of the JSC yet the Judiciary had been left under the care of acting Deputy Chief Justice. According to the petition, this is open defiance and insubordination of the constitutional and statutory dictates that demand that the affairs of the JSC be chaired by either the CJ or DCJ.
  6. The petition also posits that the JSC failed terribly to vet the candidates before shortlisting them as the candidates thus far have admitted to not having submitted their wealth declaration forms and that of their spouses as required under Chapter 6 of the Constitution.
  7. The petition also seeks to ensure that the JSC makes public score cards on the suitability of the candidates available to the public in order to ensure transparency and accountability in the manner the impugned interviews have been conducted so far.
  8. The main premise of the joint application by petitioners Philip Thuita Muchiri and Damaris Wakiuru Ndirangu is that Prof. Olive Mugendi has been serving two distinct state office positions thus perpetuating an illegality while also violating leadership and integrity principles enshrined under the Constitution under the Leadership & Integrity Act.
  9. The petition posits that the continued participation of Prof. Olive Mugenda in the JSC proceedings might expose all decisions by the Commission as invalid and also open them to legal challenges, thus scandalising/ embarrassing the JSC.
  10. The JSC has already asked the Court to stay its decision pending an appeal. The Court declined, saying that the JSC has ample time to approach the court of appeal before the order takes effect on Friday and that’s why it declined to issue interim stay.

Published by MWALIMU Amunga Akhanyalabandu

Passionate about Advocacy on the REAWAKENING teachers in Kenya and reporting on the MULEMBE Nation. Having worked at the Kenya National Union OF TEACHERS in the advocacy department, I will be able to detail and explain about the welfare of teachers and their point of view on socio economic and political matters. Luhyia are the 2nd most populous ethnic group in Kenya. They are blessed with great land, topography, climate, resources and human Resource. We are also keen on Luhya Renaissance is about making the Mulembe People aware of their blessings, appreciating those blessings, defending them and putting them to proper use for the current and future generations.

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