NAIROBI, Kenya, Aug 10 – Appellate court judge GBM Kariuki moved to the High Court on Wednesday under a certificate of urgency seeking orders to have the Judicial Service Commission shortlist him for the job of Chief Justice.
Kariuki through lawyer Macharia Kahonge told Justice Roselyne Aburili that he had been unable to submit his application for the job in good time on account of a refusal by the Directorate of Criminal Investigations to issue him a Certificate of Good Conduct.
“He made his application to the CID on June 27, paid the requisite fees of Sh1,000 and had his fingerprints taken; being the requirement for the issuance of the certificate,” the court was told.
He therefore also wants the investigative body compelled to issue him the certificate on the grounds that their reason for denying him one holds no water.
In an affidavit, he swore that the reason communicated to him by the DCI for their withholding the certificate was that he faced an attempted murder charge in 2008.
“Urgently submit result of trial so as to enable us process police clearance certificate of the subject,” he quotes the communication as reading.
He however described the explanation given as a red herring on the basis that the DCI had issued him two Certificates of Good Conduct since then, making the argument that their subsequent rejection of his application for the certificate must have been calculated to lock him out of the race for CJ.
“In the year 2011 such certificate was issued in connection with the vetting of our client by the Judges and Magistrates Vetting Board. In the year 2012 yet another certificate of Good Conduct was sought and obtained by our client for the purpose of his interview for the post of judge of the Court of Appeal,” Kahonge submitted.
Kariuki moved to the High Court under a certificate of urgency to beat the August 29 date the JSC has set to commence interviews for the job of CJ after short listing six out of 14 applicants for the job; the application deadline having been July 8.
Kariuki through Kahonge wrote to the Attorney General on July 14 notifying the office that he intended to sue the DCI for failing to issue him with a Certificate of Good Conduct in good time to apply for the post of Chief Justice.