NAIROBI, Kenya, Apr 21 – A three-judge bench on Wednesday issued orders barring the Judicial Service Commission from s scoring candidates interviewed for the position of Chief Justice for onward transmission for appointment.
The bench empanelled by Acting Chief Justice Philomena Mwilu however directed the panel to conclude interviews for the remaining candidates on Friday as scheduled.
Justices Anthony Mrima, (Lady) Wifrida Okwany and Reuben Nyakundi further stopped the JSC from interviewing candidates for the position of Supreme Court judge left vacant following the retirement of Prof Jackton Okwang.
The JSC commenced interviews on April 12 to recruit a Chief Justice following the retirement of David Maraga.
The ruling of the Constitutional Court on Wednesday followed a consolidated petition in which two petitioners challenged the recruitment process.
Lawyers Danstan Omari and Prof. Elizah Ongoya who represented the petitioners cited non-declaration of wealth by candidates and the chairing of the JSC interviews by Prof Olive Mugenda as opposed to Acting CJ Mwilu.
The JSC had by Wednesday interviewed Justices Said Chitembwe, Nduma Nderi, David Marete, (Lady) Martha Koome and William Ouko as well as lawyers Fred Ngatia and Philip Murgor, and Prof Patricia Mbote.
Prof Wekesa Moni and Alice Yano will appear before JSC on Thursday and Friday.