BY SAM ALFAN.
Attempt by National Assembly to vet elected court of appeal representative to Judicial Service Commission has been challenged in court.
The battle on whether Court of Appeal Justice Mohammed Warsame should appear before the National Assembly for vetting has taken a legal dimension.
Justice of Appeal Mohammed Warsame is and has been a Leading Light in the Independence of the Judiciary and an excellent choice for JSC.Difficult to fathom legitimate grounds for rejection by National Assembl !!
— Paul Muite SC (@Paul_Muite) March 24, 2018
Just a day after the Commission in a letter though its secretary Ann Amadi, said that Warsame will not appear for vetting, Law Society of Kenya has moved to the court seeking to suspend the Notice inviting members of the public to submit representations to the National Assembly concerning the vetting of Warsame.
But JB Muturi and the entire leadership of the house attended the meeting where they were instructed to FAIL/REJECT justice Warsame both at the committee and in the full house… https://t.co/MjjXRwowUD
— Ahmednasir Abdullahi SC (@ahmednasirlaw) March 23, 2018
Further the lawyer’s body are seeking conservatory orders prohibiting the law makers from summoning or vetting Justice Warsame as a member of the JSC saying that it is unconstitutional and invalid.
In a petition filed this afternoon at the Milimani Law courts, LSK argue that Mohammed Warsame automatically became a member of the Judicial Service Commission by operation of Article 171(2)(c) upon his election by the court of appeal judges.
Let kenyans read Article 171 of the constitution and see for themselves that parliament has NO role in vetting elected members of the JSC…wanton abuse of legislative power..this nonsense must stop @SpeakerJBMuturi @HonAdenDuale @lawsocietykenya @WehliyeMohamed @DonaldBKipkorir pic.twitter.com/ryhDC3duJD
— Ahmednasir Abdullahi SC (@ahmednasirlaw) March 22, 2018
“Mohammed Warsame became a commissioner of the JSC by operation of Article 171(2)(c) and no person or body can purport to effect the membership in the JSC through a process that is outside Article 171 (2)(c),
”reads the documents filed in court
LSK argue vetting Warsame the National Assembly will be acting outside the constitution and without legal authority.
LSK through lawyer Lempaa Suyianka want the matter be certified as urgent saying once the vetting is conducted it cannot be undone and would be a permanent blot on the constitution.
“The Departmental Committee and indeed the National Assembly possess no lawful mandate to vet Justice Warsame. The intended vetting purportedly to determine his suitability for appointment as a member of the JSC, cannot be permitted to proceed”@Wuodabiero pic.twitter.com/yw33ehlYv6
— Law Society of Kenya (@lawsocietykenya) March 22, 2018
“There’s no prejudice to be borne by the National Assembly if the vetting is delayed through a conservatory order so as to preserve the status quo in the short period it takes to hear and determine the petition,” says Suyianka.
According to the petition, the procedure adopted by the National Assembly is unconstitutional of section 15(2) of the JSC act.
On 9th of this month, Pusine Judge Mohammed Warsame was elected by the judges of the court of appeal as a member of the judicial Service Commission.
Under Article 171 Of the Constitution, Members Of JSC that are vetted by the Public & Parliament are those nominated by the President to represent the Public. The other Members being the CJ, AG & those representing Supreme Court, Court Of Appeal, High Court & LSK CAN’T.
— Donald B Kipkorir (@DonaldBKipkorir) March 21, 2018
“However the president has purported to nominate Warsame as a member of the Judicial Service Commission,’’reads the court documents
LSK says that they seek to invalidate as unconstitutional the purported appointment by the president, of Warsame as a member of JSC together with the National Assembly purported vetting as a member of the commission by election.
Hearing for further directions to resume next week.
