Court bars MPs from trying Justice Warsame for JSC job – Mediamax Network Limited

Judge Mohamed Warsame sailed as an automatic member of the Judicial Service Commission (JSC) The High Court yesterday invalidated the alleged appointment of Judge Uhuru Kenyatta and returned his name to the National Assembly for a new selection procedure, which was elected by the judges of the Court. March 9 to represent them. "A permanent injunction is hereby issued prohibiting the National Assembly from controlling or approving the Warsame judge as a member of the JSC," said the Judge Chacha Mwita following petitions from the Law Society of Kenya and activist Samuel Njuguna. "I am convinced that the LSK's first petition raises a real rief to the extent that there was an attempt to submit an elected member of the CSJ to the approval of the National Assembly, contrary to the constitutional edict. However, I am not convinced that there is a constitutional disability with respect to Section 15 (2) of the Judicial Service Act which does not require the mandatory approval of commissioners of JSC, "said Judge Mwita, Judge Warsame, elected by the judges of the court of appeal as a member of the JSC in accordance with Article 171 (2) read in Article 16 of the Judicial Service Act, is not subject to the approval of Article 250 (2) of the Constitution, "he said.

At the same time President Uhuru was invited to take an oath to Olive Mugenda, former Vice Chancellor of Kenyatta University, and two other members of the Judicial Service Commission. Judge Mwita dismissed a case contesting the appointment of Academician, former CS Felix Koskei and ex-Clerk of the National Assembly, Patrick Gichohi . Mwita rejected the case of the Katiba Institute after holding that the appointment of the three by the President had been made in accordance with the Constitution.