, NAIROBI, Kenya, Mar 23 – The Judiciary says that the representative of the Court of Appeal to the Judicial Service Commission Justice Mohamed Warsame will not subject himself to the process of approval by the National Assembly.
In a letter to the Clerk of the National Assembly Michael Sialai, Chief Registrar of the Judiciary Anne Amadi stated categorically that Justice Warsame will not subject himself to the process of approval by the National Assembly before he can be formally appointed to serve in the JSC.
Amadi explained that the proposed approval of Warsame by the National Assembly is unlawful, unconstitutional and undermines the independence of the Judiciary.
“The JSC has noted with concern that an advertisement appearing in the print media on march 21st and 22nd 2018 inviting members of the public to submit memoranda to the National Assembly for the approval of the appointment of Hon Mr Justice Mohamed Abdullahi Warsame as a member of the JSC,” she said.
“Article 171 (2) (d) of the Constitution of Kenya 2010 provides that the Judicial Service Commission shall consist of one Court of Appeal Judge elected by Judges of the Court of Appeal.”
She stated that the requirement for parliamentary approval is only in respect of persons who are not lawyers appointed by the President with the approval of the National Assembly.
On Tuesday, President Kenyatta forwarded Justice Warsame’s name to Parliament for consideration by the Justice and Legal Affairs Committee before his formal appointment to the JSC.
Justice Warsame was re-elected to the JSC by his Court of Appeal colleagues two weeks ago.
He garnered 16 votes against four obtained by his sole challenger, Justice Wanjiru Karanja.
Following receipt of the judge’s name, Clerk of the National Assembly Michael Sialai gave the public until March 28 to submit their views on suitability of Justice Warsame to serve in the JSC.