NAIROBI, Kenya, Jun 18 — The Judicial Service Commission (JSC) is set to publish an interview schedule for the selection of twenty-six new judges on Tuesday, June 21.
The commission which manages the day-to-day operations of the court Friday said it will unveil a new schedule following the Court of Appeal decision suspending a stay order issued by the High Court on June 3.
While issuing a stay, Justice Anthony Mrima had argued that the Katiba Institute and co-petitioners had laid the legal basis to suspend the process being undertaken by the Judicial Service Commission.
Justices Wanjiru Karanja, Agnes Murgor and Imaana Laibuta however reversed Justice Mrima’s decision saying the process should proceed concurrently with the ongoing suit challenging the recruitment process.
In the judgement issued on Thursday, the three judges noted that the situation could still be remedied in the event the twenty-six judges are hired and the process later impugned.
“We hold the view that the applicants have successfully demonstrated both arguability and the nugatory aspect, and bolstered this with a demonstration that it is in the public interest that the recruitment process of the much needed Judges proceed uninterrupted pending the hearing and determination of the petition before the High Court,” the bench ruled.
“If the appeal herein is unsuccessful or if ultimately the recruitment process is impugned by the final Court with requisite jurisdiction, then as held in the Tolphin case (supra), the situation is reversible,” the judges explained.
The panel further argued Katiba Institute and the International Commission of Jurists failed to “demonstrate what prejudice they stand to suffer if the recruitment process proceeds as intended.”
Among grounds cited by the Katiba-led petitioners were the fact that the JSC had failed to ensure six judges listed in the previous recruitment are appointed into office after President Uhuru Kenyatta unilaterally rejected their selection citing adverse mentions in an intelligence report.
They argued the President was constitutionally bound to appoint all the 41 persons recommended by the commission at the time.
Katiba Institute cited another petition in which President Kenyatta’s decision to pick 34 judges out of 41 judges selected by JSC was successfully challenged.
