The Court of Appeal has allowed the Judicial Service Commission to recruit the remaining six judges to the High Court and Court of appeal.
Justice W. Karanja, Agnes Murgo and Dr K.L Raibuta ruled that Katiba Institute failed to demonstrate what prejudiced they stand to suffer if the recruitment process proceeds as intended.
The Appellate Court observed that the process of appointment of judges is clearly set out in the constitution and the judicial service act.
“We find merit in this application and we allow it with no order as to cost in view of its public interest nature,” ruled the three judge bench.
According to the judges, whether the court can stop JSC from exercising its mandate based on extraneous factors is an issue that commenced itself in the court of appeal.
Chief Justice Martha Koome filed an appeal challenging the decision of the High Court to suspend the recruitment of the judges.
Justice Anthony Mrima issued conservatory orders suspending any further action by JSC, including invitation, consideration, evaluation, deliberation or interview of application for appointment of judges to the court of appeal and high court.
Justice Mrima said that whereas there is a need to recruit more judges to the superior courts, the recruitment process must itself comply and be within the constitution otherwise it will be null and void.
