The Law Society of Kenya (LSK) has gone to court over the swearing-in of appellate judge Mohammed Warsame as a member of the Judicial Service Commission (JSC).
LSK is faulting President Uhuru Kenyatta for refusing to have Mr Warsame sworn in.
JUDICIARY
The lawyers’ body on Wednesday termed the president’s action as a violation of the constitution and dereliction of duty, which undermines the functions of the Judiciary and its independence.
“Failure to gazette Justice Warsame denies a critical section of the Judiciary, that is the appellate court, representation at JSC and the overall function of the Judiciary,” said lawyer Lempaa Suyianka for LSK.
Justice Warsame was elected by his colleagues on March 9 to represent them at JSC after garnering 16 votes against four obtained by his sole challenger, Justice Wanjiru Karanja.
But on July 6, the High Court barred the National Assembly from vetting him as a member of JSC for his second term.
The president had forwarded his name to Parliament for consideration by the Justice and Legal Affairs Committee before his formal appointment.
NATIONAL ASSEMBLY
Following receipt of the judge’s name, Clerk of the National Assembly Michael Sialai gave the public until March 28 to submit their views on his suitability.
Former Kenyatta University Vice Chancellor Prof Olive Mugenda, former Cabinet Secretary Felix Koskei and Mr Patrick Gichohi, who were also appointed members of JSC, have already been gazetted.
LSK has sued the attorney-general, the chief justice and the National Assembly while the JSC and Justice Warsame are listed as interested parties in the case.
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