The High Court dismissed a petition challenging the Judicial Service Commission’s (JSC) appointment of judges to the Court of Appeal.
It ruled that the process was lawful and within the confines of the Constitution.
The petitioner, Busia Senator Okiya Omtatah had argued that the JSC unlawfully recruited seven judges instead of six, contrary to its earlier advertisement.
Omtatah claimed the process discriminated against judges from the Environment and Land Court and the Employment and Labour Relations Court.
It was further alleged that the JSC’s actions violated constitutional provisions on transparency, accountability, and equality, and that the appointments marginalized judges of special courts.
However, Justice Lawrence Mugambi held that a fresh vacancy had arisen during the recruitment exercise following the retirement of Justice Roselyn Nambuye, making it prudent for the JSC to fill the additional slot from candidates who had already been shortlisted and interviewed.
Mugambi said that this saved public costs of fresh recruitment, avoided unnecessary delay, and addressed the severe backlog at the Court of Appeal, where only 15 out of the required 30 judges were in office.
The court ruled that the JSC has the constitutional mandate to regulate its own procedures and make decisions necessary for the efficient administration of justice.
The judge ruled that the Commission acted reasonably, in good faith, and in line with constitutional values of integrity, transparency, and merit-based appointments.
On the allegation of bias and discrimination, the court ruled neither the Constitution nor the Judicial Service Act reserves slots for judges from specific courts and that all applicants were evaluated based on objective criteria including competence, integrity, and suitability.
“The petitioner did not discharge the burden of proof required to demonstrate discrimination or breach of constitutional provisions. The allegation therefore fails,” the court held.
Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel
