LSK out to stop Parliament from vetting Warsame

The battle on whether Justice Mohammed Warsame should appear before the National Assembly for vetting as a member of the JSC has now taken a legal dimension.

Just a day after the Commission in a letter though its secretary Ann Amadi, said that Warsame will not appear for vetting, Law Society of Kenya has moved to the court seeking to suspend the Notice inviting members of the public to submit representations to the National Assembly concerning the vetting of Warsame.

Further, the lawyer’s body is seeking conservatory orders prohibiting the law makers from summoning or vetting Justice Warsame as a member of the JSC saying that it is unconstitutional and invalid.

In a petition filed at the Milimani Law courts, LSK argue that Mohammed Warsame automatically became a member of the Judicial Service Commission by operation of Article 171(2)(c) upon his election by the court of appeal judges.

“Mohammed Warsame became a commissioner of the JSC by operation of Article 171(2)(c) and no person or body can purport to effect the membership in the JSC through a process that is outside Article 171 (2)(c),” read the documents filed in court

LSK argue vetting Warsame the National Assembly will be acting outside the constitution and without legal authority.

Similarly, LSK through lawyer Lempaa Suyianka, want the matter be certified as urgent saying once the vetting is conducted it cannot be undone and would be a permanent blot on the constitution.

“There’s no prejudice to be borne by the National Assembly if the vetting is delayed through a conservatory order so as to preserve the status quo in the short period it takes to hear and determine the petition,” says Suyianka

According to the petition, the procedure adopted by the National Assembly is unconstitutional of section 15(2) of the JSC Act.

On 9th of this month, Pusine Judge Mohammed Warsame was elected by the judges of the court of appeal as a member of the judicial Service Commission.

“However the president has purported to nominate Warsame as a member of the Judicial Service Commission,’’read the court documents

LSK says that they seek to invalidate as unconstitutional the purported appointment by the President, of Warsame as a member of JSC together with the National Assembly purported vetting as a member of the commission by election.