Man seeks to block JSC operations

By FAITH RONOH

A man has moved to court to stop on-going recruitment of judges and a new Chief Registrar of the Judiciary by the Judicial Service Commission (JSC).

Mr Daniel Rono, through his advocates, yesterday, presented his petition against JSC and the Attorney General before Justice Isaac Lenaola at the Constitutional Court in Nairobi.

Rono wants the court to stop the JSC from conducting any business pending determination of the dispute with former Chief Registrar of the Judiciary Gladys Shollei (pictured) and integrity allegations against six suspended members of the commission.

In a sworn affidavit, he 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 making recommendation for recruitment of judges, removal of judges from office and recruitment of the CRJ and any other judicial staff.”

He also wants the court to nullify any actions undertaken by the JSC pending determination of the disputes.

The move comes barely 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.

But the Gazette notice was subsequently nullified through a court order.

The petitioner said the JSC lacked the quorum to instruct their lawyers to move to court to reinstate the six commissioners.

“Following a parliamentary report and recommendations of the Public Accounts Committee which were adopted by the National Assembly, the President vide Gazette Notice Number 15094 constituted a tribunal to investigate the said members of the JSC and suspended the members from office,” Rono said in a sworn affidavit.

“The said members of the commission therefore remain in office pursuant to the order of court in the said petition. Following the said suspension, the JSC under the Judicial Service Act, 2011 lacked any quorum to transact official business,” he said.

Rono wants the court to direct the JSC to supply him with and to make public the audit reports from the Auditor General or any audit firm demonstrating financial losses allegedly suffered by the Judiciary and by extension the taxpayer under Ms Shollei’s watch.