NAIROBI, Kenya Apr 27 – Renowned law professor Makau Mutua and Katiba Institute have filed an application in the High Court seeking an order to compel the Judicial Service Commission to publish marks scored by each candidate interviewed for the position of Chief Justice.
In a petition filed on Tuesday, the two said there was need for the results to be released to the public for transparency.
Mutua said he had also applied for the position of Chief Justice in 2016 but was not successful but the commission has never released his results to him.
He said he wrote to JSC seeking information relating to the criteria for evaluation of qualification, particularly if the criteria used included indicators other than those provided under Section 13 of the JSC Act.
However, the commission responded saying they will not disclose the said information to him in order to protect the privacy of all the applicants.
“The reasons given by the JSC in arriving at its decision were arbitrary and insufficient contrary to Article 47 of the Constitution,” he said.
Mutua and Katiba Institute argue that the refusal by the commission to provide the petitioners with the information sought is an infringement of their rights.
“That an order be issued compelling JSC to provide the information sought under Article 35 1 a and to publicize that information in accordance with Article 35 3 of the Constitution and failure to provide reasons and to adequate reasons for refusal of disclosure is a violation or threat of violation of Article 47 1 and 2 and sections 4 and 6 of the fair Administrative Action Act,” they said in their petition.
Mutua wants the court to stop the commission from forwarding the name of a nominee to the President until the case is heard and determined.
The case was filed hours after the Appellate court suspended an order by the High Court which had barred the JSC from naming the candidate selected from the 10 interviewed for the CJ post.
The commission nominated Justice Martha Koome for the Chief Justice post and forwarded her name to President Uhuru Kenyatta for formal appointment.