Court shields judge from parliament's vetting for JSC job

Justice Mohamed Warsame

The High Court has shielded Court of Appeal Judge Mohamed Warsame from Parliament’s scrutiny on his suitability for a job at the Judicial Service Commission.

In a decision that could be a major setback to Parliament, the court declared that the august House has no role in the appointment of JSC members.

Parliament insists that Justice Warsame should be vetted before being appointed by President Uhuru Kenyatta.

Justice Chacha Mwita, in his verdict yesterday, declared that it would be a waste of public funds for MPs to vet a person who has already been vetted before assuming office.

The judge said the JSC Act does not envisage a scenario where those nominated to sit in the commission will pass through the hands of MPs before taking up their roles.

“There is no requirement that JSC commissioners should be vetted and appointed by Parliament. The appointment of JSC commissioners is conferred to the President and not Parliament,” ruled Justice Mwita.

He also noted the President has no discretion to reject names of people forwarded to him as his role in the chain is to just formalise appointment.

The ruling deepens already sour relationship between Parliament and the Judiciary. With the ruling, the Judiciary has shielded itself from Parliament’s “unnecessary intrusion”.

But in retaliation, MPs could starve it by slashing its budgetary allocations.

Attorney General Nominee Paul Kihara told the National Assembly that those elected to represent various bodies, including judges and magistrates, should be grilled by Parliament before assuming their roles.