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JSC opposes petition challenging hiring of top judges

By Faith Karanja | August 2nd 2016
JSC Secretary Anne Amadi

The Judicial Service Commission (JSC) has denied deviating from the right procedure in the ongoing recruitment of Supreme Court judges.

JSC now wants a petition seeking a repeat of the recruitment process for the Chief Justice, Deputy Chief Justice and Supreme Court judge positions dismissed. The petition was filed by Katiba Institute Director Yash Pal Ghai and United Nations Special Rapporteur Samwel Mohochi last week.

“Petition by the two is premature, bad in law and hasty as they do not raise constitutional issues for determination by the court,” said JSC Secretary Anne Amadi.

Ms Amadi added that the commission granted the applicants for the positions 21 days to submit their applications, which was the best time period provided by the law.

The parties appeared before Judge George Odunga.

Amadi added that JSC advertised the vacancies on June 16 and June 17 and invited all qualified persons to apply. She said no valid grounds had been advanced to restrain JSC from going on with the recruitment.

Trusted Society of Human Rights Alliance filed a petition in Nakuru but was directed to appear in Nairobi where a similar application had been filed by Ghai.

The two cases have since been consolidated and will be heard on August 29.

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