The Judicial Service Commission (JSC) which is chaired by Chief Justice Martha Koome is on the spot for delaying the release of names of successful candidates who were interviewed to be judges.
The names were to be announced on November 18 according to the law but JSC has remained mum on the matter.
JSC announced 20 vacancies for high court judges on March 24, 2022 in a bid to address the biting shortage and speed up hearing and determination of cases.
Under Chapter 10 of the Kenyan Constitution (2010), Chief Justice through a Gazette notice must announce vacancy of high court judge within 14 days after a position arises.
The JSC is also required to publish a notice on its own website, send notice of the vacancy to the law Society of Kenya and any other lawyers’ professional associations and circulate the notice in any other appropriate manner.
After adhering to above constitutional requirements, JSC shortlisted 104 successful applicants.
Notable candidates who were shortlisted included President of Kenya Magistrate and Judges Association Derrick Kuto, Magistrates Representative to JSC Emily Ominde, Anti-orruption court Chief Magistrate Douglas Ogoti, Lawrence Mugambi and Elizabeth Juma.
Chief Magistrates Francis Andayi and magistrates Achieng’ Pamela, Adika Harrison Musa Sajide, Ambasi Lucy Njeri, and Ameyo Edna Asachi Nyaloti were also among notable candidates shortlisted.
The lot were interviewed from October 3, 2022 to November 3, at the JSC office boardroom, Reinsurance Plaza.
The constitution has specific timelines on the announcement of successful candidates.
“Upon seven days of the conclusion of interviews, the Commission shall deliberate and nominate the most qualified applicants taking into account gender, regional, ethnic and other diversities of the people of Kenya,” the constitution dictates.
The decision is arrived through voting where each JSC member votes based on personal assessment of the applicants’ qualifications.
“The Commission’s decision is then communicated to the applicants through the Secretary, within seven days of the Commission’s vote,” the constitution states. .
Considering the aforementioned guidelines, JSC should have held its vote on November 10 and announced successful candidates on November 18.
The JSC had in the past accused former president Uhuru Kenyatta for not appointing judges.
