BY SAM ALFAN.
Judicial Service Commission will challenge the stopping of interviews to fill the vacant post of Chief Justice and a judge of the Supreme Court.
The commission said in a notice that it intends to challenge the entire decision issued by a bench of three judges on Wednesday.
The bench of three judges had given the commission up to Friday to overturn the decision.
“We are of a very considered position that there is ample time for the commission to approach the court of appeal before the orders issued by this court takes effect,” Justices Anthony Mrima, Wilfrida Okwany and Reuben Nyakundi said.
Three petitions were filed challenging the process with Tolphin Nafula, Philip Thuita, Damaris Wakiuru and Memba Ocharo challenging Prof Olice Mugenda chairing the panel.
Ocharo argued that the Judiciary was left under the care of Acting Chief Justice Philomena Mwilu, who should be the chair of the interviews.
He said Prof Mugenda has been chairing the interviews “in open defiance and insubordination of the constitutional and statutory dictates that demand” that the affairs of JSC should either be chaired by the Chief Justice or his Deputy, in his absence.
“That moreover, it is increasingly becoming clear that the Respondent failed terribly to vet the candidates before shortlisting them for interview as the candidates thus far have admitted to not have submitted their wealth declaration forms and of their spouses in breach of Chapter Six of the Constitution,” he said.
According to Ocharo, the failure by the candidates to provide their wealth declaration forms and those of their spouses yet they were shortlisted for interview is not only a waste of the taxpayer’s money but is also a serious dereliction of JSC’s constitutional and statutory duty.
Through lawyer Danstan Omari, Ocharo said it was important to suspend the interviews until the candidates’ files the wealth declaration forms as required by the constitution.
Thuita challenges Prof Mugenda’s chairing the interviews and also being a commissioner and at the same time being the Chairperson of the Kenyatta University Teaching and Referral Hospital.
“The Petitioner avers that by dint of the foregoing, the 1st Respondent (Prof Mugenda) has been serving in two distinct state office positions in flagrant violation of the Constitution and the applicable laws,” he said.
Nine candidates including Senior Counsels Fred Ngatia, Patricia Mbote, Philip Murgor, Court of Appeal Judges William Ouko, Martha Koome and High court judges Said Chitembwe as well as Employment Court judges Mathews Nderi and Njagi Marete and law scholar Prof Wekesa Moni have been interviewed for the position of the CJ.
The commission was to embark on the interviews for the Supreme Court judge on Monday with nine candidates having been shortlisted for the job before it was stopped.
They include Justice Ouko and his court of Appeal colleagues, Koome, Kathurima M’Inoti, High Court judges Joseph Sergon and Chitembwe, Prof Lumumba Nyaberi, Yano and Justices Marete and Nderi.
