High Court temporarily halts recruitment of Chief Justice

The High Court has temporarily stopped the Judicial Service Commission (JSC) from commencing with the recruitment of the Chief Justice and Deputy Chief Justice under the existing or amended Judicial Service Commission Act following an opposition by the Law Society of Kenya (LSK).

This comes after the High Court before Justice Isaac Lenaola temporarily halted the implementation of Section 30(3) of the Judicial Service Act 2011 as amended by Statute Law Act 2015 to give the President express powers to appoint the Chief Justice pending inter-parties hearing on February 3rd.

LSK is seeking to have its case challenging the amendment heard by a bench of Judges arguing that the amendment to the Act undermines the doctrine of the separation of powers between the three arms of the government and thus raising substantive questions of law.

Last week, five human rights organisations together with JSC were enjoined as interested parties in the case where LSK is seeking to stay the implementation of the amended Section 30(3) of the Judicial Service Act 2011.

The amended Act requires JSC to submit to the President three names for appointments to the position of Chief Justice or Deputy Chief Justice.

LSK had moved to court under a certificate of urgency seeking orders to reverse amendments made to the Act, which now gives the president more powers to appoint the chief justice.

Following amendments to Section 30(3) of the JSC Act 2011, the JSC will now present three names to the president for consideration for the position of the Chief Justice (CJ) and deputy chief justice (DCJ).

Previously the Act allowed the JSC to forward only one name to the president

The amendment comes at a time when both Chief Justice Willy Mutunga and his deputy Kalpana Rawal are expected to retire to allow the judiciary hire new bosses.