The Law Society of Kenya (LSK) on Wednesday filed a petition against the Attorney General, Chief Justice David Maraga and Parliament over the failure to swear in Judge Mohammed Warsame as a member of the Judicial Service Commission (JSC).
The law body termed the decision by President Uhuru Kenyatta not to swear in Warsame as a violation of the constitution and neglect of duty that threatens the independence and functions of the judiciary.
LSK demanded a declaration that Warsame is not subject to vetting by the National Assembly having been elected by the Court of Appeal.
They further asked for an order to be issued to invalidate the claimed nomination.
This is the second petition filed by the law body after the first one in March.
The Somalian-born judge was elected to represent his colleagues at the JSC on March.
The High Court prevented Parliament from vetting him after the president forwarded his name following a petition by the law body.
Through lawyer Lempaa Suyianka, he argued that the action by parliament would be irreversible and would be a permanent blot on the constitution.
“There’s no prejudice to be borne by the National Assembly if the vetting is delayed through a conservatory order so as to preserve the status quo in the short period it takes to hear and determine the petition,” remarked the lawyer.
The LSK stated that the decision by the president to nominate Warsame as a member of the JSC was unlawful.
