, NAIROBI, Kenya, Jul 6 – President Uhuru Kenyatta is now free to swear-in former Kenyatta University Vice Chancellor Olive Mugenda and two others as members of the Judicial Service Commission.
This follows a decision by High Court judge Chacha Mwita to dismiss a case contesting the nomination of the academician, former CS Felix Koskei and ex-National Assembly Clerk Patrick Gichohi.
Justice Mwita threw out Katiba Institute’s case after holding that the nomination of the three by President Kenyatta was done in accordance with the Constitution.
“I find that the choice of the three by the President was done in accordance with the Constitution,” declared Justice Mwita.
The NGO had sought invalidation of their nomination insisting it did not reflect diversity and were not subjected to an open and transparent process.
But according to Justice Mwita, the public was represented since they were questioned by a committee of the National Assembly,
President Kenyatta nominated and forwarded their names on February 13 for approval.
Justice Mwita also rejected arguments that Koskei does not qualify to be a member of the JSC over claims that he is a politician.
“Other than having served in the Cabinet there’s no evidence that he is a politician and therefore not fit to serve in the JSC,” ruled the judge.
Further, Justice Mwita declined to find that the National Assembly failed to deal with integrity issues raised against the three.
Instead, the court has found the contrary happened. It was Katiba’s argument that Parliament failed in its duty by sweeping issues raised questioning their nomination under the carpet.