Fresh battle over hiring of Chief Justice as State goes back to court

Attorney General Githu Muigai during the UN convention workshop against corruption at a Nairobi hotel. Muigai has gone to the Court of Appeal seeking reinstatement of a law giving the president powers to pick a candidate of his choice. (PHOTO: BEVERLYNE MUSILI/ STANDARD)
Plans to hire the next Chief Justice could be derailed if a court allows an application by the Attorney General.

Attorney General Githu Muigai has gone to the Court of Appeal seeking reinstatement of a law giving the president powers to pick a candidate of his choice.

Prof Muigai is challenging a High Court decision that invalidated a law passed by the National Assembly compelling the Judicial Service Commission (JSC) to submit three names to the President for him to choose his preferred candidate from the list.

Muigai's application is scheduled for hearing on Monday next week, at a time the JSC will be preparing to conduct interviews for post of Chief Justice, deputy Chief Justice and Supreme Court Judge.

SEE ALSO :Judiciary plans to build 290 courts, says Maraga

"The High Court made a mistake in law by nullifying amendments to the Judicial Service Act and thus arrived at a wrong conclusion. We have raised an arguable case with high chances of succeeding at the Court of Appeal," he said.

The State law office is seeking orders to suspend the High Court decision until the appeal is determined. If successful JSC will be compelled to submit three names to President Uhuru Kenyatta if they complete the recruitment process before the appeal is determined.

Parliament had amended Section 30 (3) of the Judicial Service Act to compel JSC to submit three names each for the position of CJ and DCJ to the president.

For More of This and Other Stories, Grab Your Copy of the Standard Newspaper.

High Court Judges Richard Mwongo, George Odunga, Weldon Korir, Mumbi Ngugi and Joseph Onguto, however, declared the amendment null and void.

We are undertaking a survey to help us improve our content for you. This will only take 1 minute of your time, please give us your feedback by clicking HERE. All responses will be confidential.

Chief JusticeAttorney General Githu MuigaiJudicial Service Commission (JSC)