BY SAM ALFAN.
A supremacy battle looms between Parliament and the Judiciary over Justice Mohammed Warsame vetting.
This is after the High Court temporarily barred the National Assembly from vetting or summoning Justice Warsame.
Law Society of Kenya says that it is not Parliament work to vet Judges but its a preserve of the Judicial Service Commission.
High court Judge Roselyne Aburili further suspended the notice issued by parliament inviting members of the public to submit representations concerning the vetting of Justice Warsame.
“Judge 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),” LSK says.
The National Assembly will be acting outside the constitution and without legal authority, they said.
Similarly LSK through lawyer Lempaa Suyianka claims that once the vetting is conducted it cannot be undone and would be a permanent blot on the constitution.
Mr Suyianka added that the procedure adopted by the National Assembly is unconstitutional of section 15(2) of the JSC act.
On March 9, Pusine Judge Mohammed Warsame was elected by the judges of the court of appeal as a member of the judicial Service Commission.
President Uhuru Kenyatta nominated Justice Warsame as a member of the Judicial Service Commission and as such Parliament summoned him for vetting.
LSK thereby seeks to invalidate that appointment and stop the National Assembly from vetting the Judge.
