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JSC Receives Appeal of Court of Appeal to Appoint Chief Justice –


The Court of Appeal has suspended an order issued by the High Court last week barring the Judicial Service Commission (JSC) from appointing a successor to retired Chief Justice David Maraga.

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Orders barring the appointment of a High Court Judge have also been suspended by the Court of Appeal.

This means that interviews scheduled to begin on Monday will continue on Wednesday even though two days have elapsed.

The Supreme Court issued the order last week on Wednesday following a petition filed by Tolphin Nafula, Philip Muchiri Damaris Wakiuru and Memba Ocharo.

Applicants stated that all candidates nominated for the CJ position did not meet the minimum legal requirements to be considered.

Applicants through their lawyers Danstan Omari and Professor Elisha Ongoya, questioned among others, the non-disclosure of candidates’ wealth and that of their partners.

They also questioned the circumstances in which Professor Olive Mugenda was appointed as chair of the interrogation panel.

In their court documents, the petitioners stated, in particular, that the Chief Justice, in this case, Philomena Mwilu, should have been the chairman.

Recent developments now give JSC permission to nominate a suitable CJ from the 10 candidates interviewed.

They are lawyers Philip Murgor, Judge Said Chitembwe, Prof Patricia Mbote, Judge Martha Koome, Judge Marete Njagi, Judge Nduma Nderi, Judge William Ouko, Senior Counsel Fred Ngatia, Dr Wekesa Moni and Alice Yano.

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