Lawyers want Mohammed Warsame gazetted as JSC member


Court of Appeal Judge Mohammed Warsame. PHOTO| COURTESY
Court of Appeal Judge Mohammed Warsame. PHOTO| COURTESY

The Law Society of Kenya has filed a petition seeking to have Justice Mohammed Warsame gazetted as a Judicial Service Commission member.

Also Read: LSK out to stop Parliament from vetting Warsame

The lawyers body claims that the move not to swear him in is a violation of the Constitution.

“It is an omission that has the deleterious effect of undermining the functioning of the judiciary and its independence,” court documents seen by Citizen Digital said.

They further argue that the President through the Attorney General failed to gazette Warsame’s name five months after he was elected.

In March, LSK sought conservatory orders prohibiting MPs from summoning or vetting Justice Warsame as a member of the JSC saying it would be unconstitutional and invalid.

According to them, Mohammed Warsame automatically became a member of the JSC by operation of Article 171(2)(c) upon his election by the court of appeal judges.

A month later,  a man moved to court to bar President Uhuru Kenyatta from appointing or swearing in to office Justice Warsame.

According to Samuel Njuguna, the judge did not go through the vetting process by Parliament which is a contravention of the Constitution.

Also ReadHigh Court bars Parliament from vetting Judge Mohammed Warsame

Warsame was voted in by the Court of Appeal judges but was not vetted after Justice Roselyne Aburili issued temporary orders restraining the National Assembly from doing so.

Her directive was based on the premise that a case filed by the LSK be heard and determined.

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