, NAIROBI, Kenya, Sep 8 – Supreme Court Judge Jackton Boma Ojwang and Professor Makau Mutua will now be interviewed for the position of Chief Justice on Monday and Wednesday respectively, according to a statement from the Judicial Service Commission.
The superior court judge was initially meant to be interviewed on Friday and Professor Makau on Tuesday, September 13.
David Mwaure Waihiga of Mwaure & Mwaure Waihiga Advocates has however bowed out of the race for Chief Justice and Deputy Chief Justice opting to only contest for the position of a Supreme Court judge.
“The candidate Waihiga communicated officially to the Commission his intention to opt out of the Chief Justice and Deputy Chief Justice interviews,” a statement from the JSC reads.
The Commission is however yet to publicly communicate its revised schedule of interviews for the positions of Deputy Chief Justice and Judge of the Supreme Court after the High Court directed it to, “reconsider,” the applicants it had initially knocked out.
“In my view, for the Commission to base its decision on the failure to submit documents not expressly required by the law and in effect to lock out those candidates… amounts to abdicating jurisdiction,” High Court judge George Odunga found.
The Commission thereafter took the decision to interview all who applied for the three senior judiciary jobs, including those evidently unqualified despite Odunga’s proviso that:
“Parliament in its wisdom decided to provide for a sieving mechanism by which the Commission is empowered to systematically weed out those who clearly have no business applying for the job. The sieving process is to eliminate at an early stage those applicants who are evidently busybodies with misguided notions whose only reason for applying for the post is for the purposes of their CVs or for a temporary moment of fame. Such frivolous, vexatious and hopeless applications ought to be struck down at the earliest opportunity in order to pave way for the Commission to conduct its serious business.”
There had been grumbles from some quarters, including from former JSC member Ahmednasir Abdullahi, that all who applied should be interviewed in the interest of transparency.
“14 candidates applied for CJ &, only 6 are shortlisted for interviews..give me a break….is this 1988 mlolongo elections rigging ala KANU?,” he tweeted. “Last time 12 candidates applied for CJ and all 12 were interviewed.”