Court orders review of all applicants in CJ, DCJ jobs

The High Court has ordered the Judicial Service Commission (JSC) to review applications of individuals who were overlooked during the shortlisting process for Chief Justice, Deputy Chief Justice and Supreme Court Judges positions.

High Court Judge, George Odunga, also ordered JSC to reconsider the names of the applicants who were rejected during the shortlisting process.

Odunga said that he was unable to find cases of discrimination on the part of the commission as alleged by the petitioners.

The court further ruled that the court’s decision to summarily reject applications before the stage of interview was unsupported by law and was hampered by procedural irregularities.

In the case ruled on Monday, August 29, human rights activists had moved the compel the court to stop the interviews and the whole process of shortlisting done afresh saying that the entire process was flawed.

“There was no affidavit filed in court by the applicants who did not make for the interview stage, therefore, I cannot rule that there was discrimination,” ruled Odunga.

The petitioners had argued that the requirements that candidates must present clearance certificates from Kenya Revenue Authority (KRA), Higher Education Loans Board (Helb) is likely to lock out potential, qualified candidates.

The court, however, ruled that the certificates were very important in determining the integrity of the next Chief Justice but could not be used at the shortlisting stage.

Those who were not shortlisted for the interview include Supreme Court Judge Jacktone Ojwang and legal scholar Makau Mutua among others.