The Judicial Service Commission (JSC) yesterday threatened to make public personal details of applicants dropped in race for Judiciary positions.
Civil society groups have sued the JSC in a bid to stop the ongoing recruitment for the positions of chief justice, deputy chief justice and Supreme Court judge.
But yesterday, JSC said it could spill the beans if the unsuccessful candidates swear affidavits waiving their rights to privacy.
The groups claimed the process adopted to shortlist candidates for interviews for the posts was opaque and illegal.
They also want the High Court to compel JSC to disclose why some applicants were rejected and the criteria used to prepare a shortlist of those to be interviewed from August 29.
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The suit, which was filed in Nairobi, was heard in Mombasa yesterday because all judges are attending an annual conference there.
Yesterday, JSC lawyer Njoroge Regeru (pictured) told Justice George Odunga the commission had valid reasons to turn down some job seekers. He said some applicants were found to be temperamental, financially indisciplined or just unsuitable for the tasks.
Regeru told Justice Odunga unsuccessful candidates had no basis to cry foul because they knew why they were left out.
The JSC lawyer caused laughter in the court when he said the chief justice was such an important person in the country who should not have a questionable background.
"We do not want people who have no financial discipline, are temperamental, criminals and cannot pass the test of moral character and integrity. We did not want suspected tax defaulters, criminals, charlatans and corrupt people in these top jobs on the land," said Regeru.
"JSC is ready to reveal the secrets which led to their being rejected if they are ready to swear an affidavit waiving their rights to secrecy," he added.
The lawyer was responding to an application by Trusted Society of Human Rights Alliance's Yash Pal Ghai, Arnold Magina and Samwel Mohochi, who are accusing JSC of failing to provide them with information over why applicants for the posts of Chief Justice and deputy chief justice were not shortlisted.
The activists have accused JSC of not telling the public the criteria used to select applicants after failing to shortlist candidates, including Justice Jacktone Ojwang.
The activists' lawyers, Elisha Ongoya, Lawrence Karanja and Waikwa Wanyoike, said the process was not transparent.
