Editor's Review

  • Renowned Kenyan legal scholar Prof Makau Mutua moved to court after JSC failed to shortlist him for CJ interview.

Professor Makau Mutua and Katiba Institute have filed a petition to compel Judicial Service Commission to publicise marks scored by CJ candidates during public interviews.

Further, Prof Mutua said he was among candidates who applied for the CJ role but he was not shortlisted for the interviews conducted by JSC.

Prof Mutua wants the Judicial Service Commission now completed to explain the criteria used to select candidates.

“That pending hearing and determination of this petition an injunctive order do and is hereby issued prohibiting the JSC from forwarding the names of the persons nominated for the recommendation for appointment to the position of the chief justice and judge of the supreme court to the president, unless and until the respondent provides the information sought in the petition. The reasons given by the JSC in arriving at its decision were arbitrary and insufficient contrary to Article 47 and constitution,” the petition read.

Earlier today the Judicial Service Commission (JSC) was allowed to nominate the next Chief Justice after the Court of Appeal made the ruling on Tuesday morning.

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The Court of Appeal stayed the orders issued by the High Court barring the recruitment of the Chief Justice.

Last week the High Court barred Judicial Service Commission from conducting interviews for the Supreme Court judge and making deliberations on CJ position pending case determination.