High court has permanently barred parliament from vetting Justice Mohammed Warsame for the position of member of the Judicial Service Commission.
“A permanent injunction is hereby issued prohibiting the National Assembly from vetting or approving Justice Mohammed Warsame as member of Judicial Service Commission” Ruled Mwita.
Justice Chacha Mwita further invalidated decision by President Uhuru Kenyatta to forward the appellate judge name to the National Assembly for vetting and approval.
“Order is hereby issued invalidating the purported nomination by President of Justice Mohammed Warsame as member of judicial service commission and forwarding his name to the National Assembly for approval and subsequent decision by the National Assembly in that regard” court ordered.
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.
Warsame’s name was submitted to the National Assembly by President Uhuru Kenyatta for vetting before he could appoint him to serve in the commission.
This was after Court of Appeal judges nominated him for a second time to the commission.
In a 43 page ruling, judge observed that, there was attempt to subject an elected member of JSC to approval by the National Assembly contrary to the constitution.
“A declaration is hereby issued that justice Mohammed Warsame having been elected by Judges of the Court of Appeal as a member of the Judicial Service Commission in accordance with Article 171(2) (c) as read with section 16 of the Judicial Service Act, is nor subject to approval by the National Assembly under Article 250 (2) of the constitution.” Ordered Mwita.
Breaking News…High Court rules that justice Warsame can't be vetted by parliament and the president has no powers to nominated him to JSC having been lawfully elected by judges of the court of Appeal…he can be sworn by the CJ any moment…@WehliyeMohamed @DonaldBKipkorir
— Ahmednasir Abdullahi (@ahmednasirlaw) July 6, 2018
Law Society of Kenya moved to court seeking to suspend the Notice inviting members of the public to submit representations to the National Assembly concerning the vetting of Warsame.
LSK argued 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.
Speaking to NairobiTimez ,Law Society of Kenya Chief Executive Officer Mercy Wambua welcomed the court decision.
“We are happy with the Judgement the Judge has upheld the Rule of Law and the Constitution” Mercy Wambua.
