The Court of Appeal on Tuesday, April 27, gave the green light for the Judicial Service Commission (JSC) to proceed with the recruitment process for the next Chief Justice and one Supreme Court Judge.
A three-bench judge comprising of Roselyne Nambuye, Patrick Kiage and Sankale ole Kantai overturned the initial orders from the High Court which had barred the JSC from proceeding with the process.
The JSC, through lawyer Eric Gumbo, had filed an appeal seeking the High Court orders to be set aside. The commission noted that the ruling would cause disarray in the judicial process. He added that a lot of funds had been spent in the recruitment process.
Attorney General Paul Kihara also echoed Gumbo's sentiments noting that if the process was not concluded, there would be a constitutional crisis.
"If the orders are not set aside, there will be a legal vacuum especially in the process of recruiting the Chief Justice. Any vacancy in the office of the CJ must be filled within six months from January 12, 2021," the AG stated.
The interview process for the Judge of the Supreme Court was slated to begin on Monday, April 26 but the High Court judges had declined to lift the orders noting that the petitions filed by Philip Muchiri, Damaris Ndirangu and Memba Ocharo raised weighty issues.
"We have considered the submissions and as at now, there are three petitions challenging ongoing process of recruitment of Chief Justice and Judge of the Supreme Court.
“The petitions raise weighty issues on the constitutionality of the ongoing process that has to be determined first,” the orders from the High court.
Those shortlisted for the Supreme Court judge position include Justices Ouko, Lady justice Martha Koome,Justice Said Chitembwe, Justice Marete Njagi, Justice Mathews Nderi alongside Appellate Court Judge Kathurima M’Inoti, High Court Judge Joseph Sergon, Dr Patrick Njuguna and Alice Yano.
Interviews for the CJ position concluded on Friday, April 23, with Ms Yano being the final candidate to be grilled by the JSC.
Other candidates already interviewed include Moni Wekesa, Court of Appeal president Justice William Ouko, lawyers Fred Ngatia, Philip Murgor and Patricia Mbote, Nderi, Marete, Koome and Chitembwe.
The JSC is expected to nominate their preferred candidate whose name will be presented to President Uhuru Kenyatta for a formal appointment.
