Court directs CJ to form full bench to hear case against JSC

By FAITH RONOH

NAIROBI, KENYA: The court has directed Chief Justice Willy Mutunga to constitute a full bench to hear a petition seeking to stop the on-going recruitment of judges and Chief Registrar of the Judiciary by the Judicial Service Commission (JSC).

Mr Daniel Rono, through his advocates, last Friday filed the petition against JSC and the Attorney General.

Justice Mumbi Ngugi yesterday referred the matter to the Chief Justice Willy Mutunga, directing him to form of a full bench to hear the petition.

Rono’s advocate Morris Mutua had argued that the application was extremely urgent.

“Grave allegations and counter allegations touching on integrity and suitability to hold office have been levelled against a critical number of the members of the JSC leading to commencement of proceedings for their removal from office,” argued Mutua.

 He added: “The said members of the JSC continue to be in office pursuant to a conservatory order issued by court but which so far does not address itself to the serious integrity matters raised against the said members of the commission. It is just and equitable that this application is certified as urgent and the conservatory orders it seeks be granted.”

In his petition, Mr Rono wants the court to stop the JSC from conducting any business of the commission pending the resolution of the disputes between itself and the former Chief Registrar of the Judiciary Gladys Shollei as well as integrity allegations currently pending against six suspended members of the JSC.

Rono wants “the court to declare that it would be in violation of the constitutional values and principles of the rule of law, constitutionalism, transparency and accountability for the JSC to carry on with the mandate of making recommendation for recruitment of judges, removal of judges from office and recruitment of the Chief Registrar of the Judiciary and any other judicial staff.” He also wants the court to nullify any actions undertaken by the JSC pending a resolution on its disputes with its members.

The move comes three weeks after President Uhuru Kenyatta, in a Gazette notice, suspended commissioners Ahmednassir Abdullahi, Samuel Kobia, Christine Mango, Mohammed Warsame, Emily Ominde and Florence Mwangangi for breaching the Constitution.