Judicial Service Commission (JSC) under the leadership of Chief Justice David Maraga filed a suit barring Members of Parliament from vetting Justice Mohamed Warsame to the JSC.
According to the commission, the vetting made by Justice and Legal Committee is unconstitutional since the judge was validly elected by Court of Appeal judges to represent them hence he needed no vetting.
In a letter, JSC noted: "The JSC holds the considered view that the approval of Justice Warsame by Parliament is neither provided for in the Constitution of Kenya 2010, not the Judicial Service Act 2011."
[caption caption="File image of Justice Mohammed Warsame"]
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However, the legislators accused the Judiciary of interfering with their oversight role in what is likely to escalate the differences between the two arms of government.
Following the JSC move, the MPs adopted a report highlighting the hindrance to the appointment of Justice Warsame to the JSC.
The Committee's chair Baringo North MP William Cheptumo tabled a report protesting High Court orders stopping the committee from vetting the judge.
Tabling the report, Mr Cheptumo exclaimed that his committee was unable to vet and approve or reject the nominee as required following JSC's suit.
The adoption of the report comes after JSC ruled that the House committee could not vet Warsame even after extending the 14 days required as laid out by the Public Appointments Act by another two weeks.
Mr Warsame's name was submitted to the National Assembly by President Uhuru Kenyatta for vetting before he could appoint him to serve on the commission.
However, this was after he was nominated for a second time to the commission by the Court of Appeal judges.
[caption caption="File image of Baringo North MP William Cheptumo"]
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