Failure by Chief Justice David Maraga to swear in three commissioners appointed to the Judicial Service Commission may open the door for his investigation.
This follows an open letter written to the CJ by a concerned citizen. Mogire Mogaka asked Maraga to take action by tomorrow in a bid to save the JSC operations from stalling if Deputy Chief Justice Philomena Mwilu takes plea on criminal charges against her before the anti-corruption magistrate’s court.
The Commission on Administration of Justice, Parliament and the Ethics and Anti-Corruption Commission can reign in the matter immediately they receive a formal complaint over the same.
The JSC has been operating with six commissioners, but with the allegations against Justice Mwilu, there may be a quorum hitch if she takes plea in court.
Section 22(5) of the Judicial Service Act, 2011 provides that the quorum of the commission is six members.
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Maraga has not sworn into office Attorney General Paul Kihara, former Kenyatta University Vice Chancellor Olive Mugenda, former National Assembly Clerk Patrick Gichohi and former Agriculture Cabinet Secretary Felix Koskei.
The appointment of Mugenda, Gichohi and Koskei was approved by Parliament after they were vetted by the Justice and Legal Affairs Committee in February.
The CJ is said to have declined to swear them in after President Kenyatta refused to gazette Court of Appeal judge Mohamed Warsame to represent appellate judges in the commission.
Mogaka said he will be forced to file a complaint to the EACC, CAJ and Parliament if Maraga fails to swear in the four commissioners.