JSC sued over 'irregular' appointment of High Court Registrar

Chief Registrar of Judiciary Ann Amadi at Parliament in Nairobi on March 28, 2023. [File, Standard]

The Law Society of Kenya (LSK) and two lawyers have sued the Judicial Service Commission over the appointment of Clarence Awuor Otieno as Registrar of the High Court.

Three petitions, seen by The Standard, have been filed at the Employment and Labour Relations Court in Nairobi and Nakuru challenging the appointment.

Otieno was appointed to the position, in an acting capacity, on June 15, 2023. The appointment took effect from July 24, 2023.

LSK, and lawyers Omwanza Ombati and Cherono Tongoi, have filed petitions challenging the appointment. They have named JSC as a respondent while Otieno has been named an interested party.

LSK, in the suit, said the appointment of Otieno was opaque and shrouded in mystery.

JSC on January 19, 2023, advertised the position of Registrar of High Court vide Job Reference Number V/No. 5/2023 and invited interested and qualified candidates to apply. The deadline for applications was February 3, 2023.

On May 22, 2023, JSC published six persons who had been shortlisted for interviews but Otieno was not among them.

LSK noted that JSC later informed the public that none of the shortlisted candidates had been successful.

JSC, through its communication of July 25, 2023, informed the public that following "a successful interview", Otieno had been appointed to the position despite the fact that she was not shortlisted.

"It is a mystery that the interested party (Otieno) who was never shortlisted for interviews, attended an interview which was never published or publicised and for a vacancy that was never re-advertised, the first recruitment having failed, and emerged successful," said LSK's notice of motion.

LSK notes that the recruitment process had failed at the point where JSC said none of the shortlisted candidates was successful after the interview. LSK said JSC ought to have re-advertised the vacancy, whether internally or otherwise.