Court suspends law giving President power to appoint Chief Justice

The law giving the President power to appoint a Chief Justice and the deputy has been temporarily suspended until the case filed by Law Society of Kenya is heard.

High Court Judge Isaac Lenaola also ordered the Judicial Service Commission not to advertise for the two positions until the matter is solved.

The parties will appear for hearing on February 3.

The reason for barring JSC from starting off Judiciary's succession process, Justice Lenaola said, was that the commission could take the advantage of the orders suspending the disputed Act to fill the vacant offices before the case is settled.

Justice Lenaola said barring JSC from starting off Judiciary's succession process was necessary so that that the commission does not take advantage of the orders suspending the disputed Act to fill the vacant offices before the case is settled.

“… that order shall affect the action of JSC. It shall not act in any way commence recruitment of the Chief justice and the Deputy Chief Justice until the hearing of the application, and on that day, it will be at liberty to act,” Justice Lenaola ruled.

Angry legal experts warned that Kenya risks losing constitutional and democratic gains endorsed in the 2010 referendum if the Executive and Legislature are not stopped from passing laws that breach the supreme law and cripple independent arms of Government.

The court heard, from LSK lawyers Nzamba Kitonga and Tom Ojienda, that the legislators slipped in clauses into the Judicial Service Commission Act that had not been tabled before the Justice and Legal Affairs Committee for consideration in a bid to dilute the Judiciary's independence.

CJ Willy Mutunga and his deputy Kalpana Rawal are expected to retire from office this year and the changes gave President Uhuru Kenyatta power to appoint the next Kenya's courts president out of the three recommended.