Jubilee as the ruling party is pushing for radical changes to a law that has been viciously opposed by the Judiciary.
Reports have emerged alleging that the government kicked off the process of amending the Judicial Service Act 2011 to make it mandatory for all JSC nominees to be vetted.
The government demands that the Judicial Service Commission nominees be vetted by Parliament in a move that is likely to cause a fresh showdown with the Judiciary.
Through National Assembly Majority Leader Aden Duale the government wanted to change sections of the JSC Act to make it mandatory for all members to be vetted.
[caption caption="Chief Justice David Maraga with Registrar of the Judiciary Anne Amadi"]
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MPs adopted a controversial report blocking the appointment of Court of Appeal Judge Mohamed Warsame to the JSC whom the legislators later maintained was not vetted by Parliament.
The lawmakers ignored prohibitory orders by the High Court directing that Justice Warsame should not be vetted, pending the hearing and determination of a case filed by the Law Society of Kenya.
Through Chief Registrar of the Judiciary, Anne Amadi the judiciary told Parliament that the push to grill Warsame was unconstitutional.
“The JSC holds the considered view that the approval of Justice Warsame by Parliament is neither provided for in the Constitution of Kenya 2010 nor the Judicial Service Act 2011,” Amadi stated in a letter to the Clerk of the National Assembly Michael Sialai.
If passed, a Supreme Court Judge, Court of Appeal Judge, a High Court Judge and a magistrate elected to the JSC will have to be vetted by MPs.
[caption caption="National Assembly Majority Leader Aden Duale"]
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Also to be vetted are two lawyers elected by LSK and one person nominated by the Public Service Commission.
