The High Court has issued orders stopping Judicial Service Commission from conducting the interviews of judge of the supreme court which were to kick off on Monday.
The move comes after a petition to challenge the process on grounds that they were illegal and unconstitutional was filed by Tolphin Nafula, Philip Muchiri Damaris Wakiuru and Memba Ocharo.
In a ruling delivered by a three-judge- bench consisting of Justices Anthony Mrima, Reuben Nyakundi and Wilfrida Okwany, the court barred the JSC from conducting the interviews.
However the judges allowed the ongoing interviews for the position of Chief Justice to proceed.
“We have considered the submissions and as of now, there are three petitions challenging the ongoing process of recruitment of CJ and the petitions raise weighty issues,” ruled the judges.
The three judges considered the submissions of the petitioners and found that they raise weighty issues including the constitutionality of the process.
The petitions were filed separately but were consolidated yesterday.
The JSC wanted the court to stay its decision pending an appeal but the judges ruled the orders of the court shall remain in force pending determination of the cases filed by the petitioners.
Ocharo, through lawyer Danstan Omari argued that the candidates in respect of the CJ position had admitted to failing to submit their wealth declaration forms and those of their spouses in breach of Chapter Six of the Constitution.
He argued that,” There is need that the current interviews for the person suitable for the office of the CJ be stopped to avoid further wastage of public funds and open dereliction of the respondent’s JSC constitutional duty and their conduct of interview.”
The petitioners maintain that it is not clear why the interview are being chaired by Prof Olive Mugenda who is only but a commissioner to the JSC, yet the judiciary was left under the care of the acting CJ Philomena Mwilu, who should chair the interviews.
Nine candidates were scheduled to appear before the JSC starting next week to defend their suitability to be supreme court judge.