On Tuesday, the High Court however found that Parliament’s oversight role did not include second guessing decisions already taken by the JSC in exercise of its mandate.
“Parliament’s constitutional powers of oversight do not amount to a right to subjugate, micromanage, control or direct the JSC,” Mwongo stated.
Adding that the oversight role played by the Justice and Legal Affairs committee of the National Assembly over the JSC was meant to ensure its financial and administrative independence.
“We declare that the National Assembly through the committee on Justice and Legal Affairs is not entitled to supervise and sit on appeal on the decisions of the Judicial Service Commission when the commission is discharging its lawful mandate under the constitution,” Mwongo continued to state.
The feud between JSC and the National Assembly was sparked by the former’s decision to send former Chief Registrar of the Judiciary, Gladys Boss Shollei, on compulsory leave.
When she appeared before the committee, she accused Abdullahi, Warsame and Ominde of several underhand dealings and opened up a can of worms in the form of Mugambi’s petition for the removal of the six officers from the JSC on the grounds that they lacked the integrity envisioned in Chapter six of the Constitution.
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