NAIROBI, Kenya, Oct 16 – The Law Society of Kenya on Friday termed attempts to begin the recruitment of Chief Justice David Maraga’s successor prior to his retirement in January 2021 as illegal and unconstitutional, vowing to challenge the move in court.
LSK President Nelson Havi said the position taken by its representative in the Judicial Service Commission (JSC), Commissioner Macharia Njeru, is inconsistent with the law which requires the listing process to commence after the exit of a sitting Chief Justice.
“The Society disassociates itself from the position taken by Commissioner Macharia Njeru. The state capture of the Judiciary and Judicial Service Commission(JSC) cannot be executed through representatives of the commission. The society will as and when intention to continue with this unlawful and unconstitutional scheme is implemented take appropriate legal action to remedy the same,” Havi said.
He further accused some members of the JSC of frustrating CJ Maraga for his firm stand on the rule of law.
Havi argued the clamor to have Maraga proceed on terminal leave was vindictive and aimed to settle score over his support for the invalidation of the August 2017 presidential election in a ruling supported by three other Supreme Court justices.
“We are aware of attempts to amend the law with selfish and myopic intention to target CJ Maraga and Deputy Philomena Mwilu who appear to have been shackled with the highest blame for the September 1, 2017 decision to annul the presidential election,” Havi said.
“The Society loathes to imagine that its representatives in the Commission have been robbed into this nefarious illegal enterprise intended to subvert the Constitution of Kenya and interfere with the independence of the Judiciary.”
Havi’s statement came hours after Commissioner Macharia Njeru who is one of LSK’s representatives in the JSC accused Maraga of frustrating the panel’s efforts to commence the recruitment of his successor adding.
Njeru claimed Maraga rejected a proposal for him to proceed for terminal leave on December 15.
He said the CJ called off a meeting slated for Friday during which the matter was to be deliberated on.
“Members observed that both the Chief Justice and his Deputy should not participate in discussions or voting on a matter that they are directly conflicted.”
Macharia said Maraga who chairs the JSC adjourned a meeting held on September 30, deferring a vote of the matter to provide more time for consensus.
“After lengthy deliberations of over 3 hours, the Hon Chief Justice asked the meeting to be adjourned to 16th October 2020 ostensibly to allow for consensus instead of voting on the matter as provided under section 22 of the Judicial Service Act,” he stated.
Deputy Chief Justice Philomena Mwilu and Supreme Court Justice Mohammed Warsame are understood to have backed Maraga’s position.
Macharia claimed the cancellation of the Friday meeting was the clearest indication the CJ was out to scuttle the listing process.
The Commissioner vowed to lead like-minded colleagues in resting attempts to delay the recruitment process.
“The Commissioners will not allow any manner of influence whether external or internal. It is clear that a few elements in the Judiciary are attempting to control the process.”
He said JSC risked being faced with “sponsored” litigation seeking injunctions on the recruitment process.
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