By WAHOME THUKU
A legal showdown looms between the Judicial Service Commission and some lawyers over recruitment of 26 new High Court judges.
An advocate, Kivuti Mungai, has filed a petition seeking to have the recruitment stopped.
He is challenging the stringent requirements set by the JSC for prospective candidates.
In particular, Mungai, who has been in the profession for six years, is challenging the requirement that a High Court judge must have 10 years experience under Article 166 of the Constitution.
He claims Article 166 is itself in direct conflict with the fundamental right against discrimination and thus unconstitutional.
Eliminate youth
The petition against the JSC and the Attorney General was filed through lawyer Harrison Kinyanjui. He claims the requirements are intended to eliminate the young advocates.
"The requirements are meant for a certain class of the so-called busybodies who necessarily are not perfect legal minds qualified for the job," he argued, saying he has a dream of becoming a judge.
He said the requirements were crafted to eliminate advocates who conduct themselves professionally but are not popular for making their personal opinions public.
right to privacy
"It targets a class of people who spend most of their time writing opinion for patronage or serving selfish interests," he added.
Mr Mungai said demands that applicants disclose their information on personal debts and finances were a direct contravention of his right to privacy.
The case was certified as urgent and will be argued on Tuesday next week.
He was directed by the High Court to serve the JSC and the AG with the petition.
